Strusevici v Carter

Landlord wins · Innisfil · 2025-10-01

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

V.S.

Tenant

L.C., R.R.

What happened

The Landlord previously obtained an ex-parte eviction order after the Tenants breached a condition of a prior Board order by failing to pay rent on time. Tenant 1 and Tenant 2 filed a motion to set aside that order. During the hearing, Tenant 1 admitted the tenancy was no longer affordable and that there was no surplus income to address the significant arrears. The Landlord requested the stay of eviction be lifted immediately, while the Tenants requested an extension to facilitate their move.

The ruling

The motion to set aside the eviction order (LTB-L-068573-25) is denied. The Board found the tenancy is not viable as the Tenants admitted the rent is unaffordable. The stay of the eviction order is lifted effective October 6, 2025, allowing the Landlord to proceed with enforcement through the Sheriff if the Tenants do not vacate as planned.