Krishna Properties Inc. v Pereira

Tenant wins · Cambridge · 2025-06-19

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Krishna Properties Inc.

Tenant

L.P.

Landlord rep

Howard Tavroges

What happened

The Landlord obtained an ex-parte eviction order after the Tenant breached a payment plan from a previous order. The Tenant filed a motion to set aside the ex-parte order, claiming she was unaware of it due to having no internet access. The Tenant had also experienced bank fraud which froze her funds. After regaining access to her funds, she made a significant payment towards the arrears. The Board Member found it would not be unfair to set aside the eviction order, granting the Tenant a final opportunity to pay the remaining arrears via a new payment plan.

The ruling

The Board granted the Tenant's motion to set aside an ex-parte eviction order. The eviction order was issued after the Tenant breached a previous payment plan. The Board found it would not be unfair to grant the Tenant relief from eviction, considering her long-term tenancy, age, fixed income, the reasons for non-payment (unaware of order, bank fraud), and a recent significant payment that reduced arrears. A new payment plan was established, ordering the Tenant to pay the remaining $3,925.49 in arrears and costs in installments, along with ongoing rent. This was described as a final opportunity for the Tenant to maintain her tenancy.