Li v Marhoon
Tenant wins · Windsor · 2025-06-18
- Adjudicator
- Julie Broderick
- Dispute
- Breach of Conditions, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- A.L., M.A.
- Tenant
- A.M.
What happened
The Landlords applied for eviction because the Tenant breached a previous LTB order from April 7, 2025, by failing to pay arrears as scheduled. An ex-parte eviction order was issued on May 1, 2025. The Tenant filed a motion to set aside that eviction order, citing miscommunication from his previous legal representative and a diabetic incident as reasons for non-compliance and non-attendance at the previous hearing. The Board found the Tenant's explanation reasonable, set aside the eviction order, and established a new payment plan for the arrears.
The ruling
The Tenant's motion to set aside a previous ex-parte eviction order is granted, and the order is voided. A new payment plan is established for the Tenant to pay rent arrears of $1,726.00. The plan consists of monthly installments of $300.00 starting July 1, 2025, and a final payment of $226.00. The Tenant must also pay ongoing rent in full and on time. If the Tenant defaults, the Landlords can apply for an eviction order without further notice.