PREMAX Management Limited v Manonga

Tenant wins · Toronto · 2023-05-07

Adjudicator

Donna Adams

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

PREMAX Management Limited

Tenant

S.K.M.

Landlord rep

M. Premje, D. Ciobotaru

Tenant rep

K. LaForest

What happened

The Tenant filed a motion to set aside an eviction order issued on December 6, 2022 due to non-payment of rent. The Tenant paid the full amount owing, including rent arrears, fees, and the filing fee, on or around February 8, 2023, after the order was issued but before it was enforced. However, the Sheriff executed the eviction order on February 14, 2023, before the Board was able to issue the stay of the order.

The ruling

The Tenant's motion to set aside the eviction order is granted. However, the Board does not have the jurisdiction to order the Tenant back into possession of the unit since it has already been re-rented to new tenants. Instead, the Board orders the Landlord to provide the Tenant with possession of a comparable unit in the same or closest residential complex owned or controlled by the Landlord.