Lu v Bauer

Tenant wins · Kitchener · 2025-07-09

Adjudicator

Alicia Johnson

Dispute

Motion To Void, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

V.X.L.

Tenant

C.B.

What happened

The Tenant filed a motion to void an eviction order issued for non-payment of rent. The Tenant claimed that before the eviction order was enforced, they paid the Landlord the full amount required to void the order under section 74(11) of the Residential Tenancies Act, 2006. The Landlord did not attend the hearing despite being properly served.

The ruling

The Landlord and Tenant Board granted the Tenant's motion to void the eviction order. Because the Tenant paid the total arrears and required costs before enforcement, and because this was the Tenant's first such motion, the order issued on May 13, 2025, is void and cannot be enforced.