Zarafyants v Smith

Tenant wins · Fort Erie · 2025-03-26

Adjudicator

Candace Aboussafy

Dispute

Breach of Conditions

Landlord

V.Z., M.B.

Tenant

D.L.S., K.A.S.

Landlord rep

Veronika Zarafyants

Tenant rep

Kelly Ann Smith

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants and for an order to have the Tenants pay compensation for damage they owe because the Tenants did not meet a condition specified in the order issued by the LTB on September 18, 2024. The Tenants filed a motion to set aside the order issued on December 12, 2024.

The ruling

The motion to set aside the eviction order is granted. The previous order issued on September 18, 2024 continues in effect. The Tenants' actions in paying the water bill one day late were reasonable in the circumstances, and it would not be unfair to set aside the eviction order and provide the Tenants a final opportunity to continue their tenancy.