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Case Study

Eviction Order Upheld Against Tenant for Non-Payment of Rent

Tenant's Motion to Set Aside Eviction Order Denied

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 1, 2023

Order Issued: March 16, 2023

Termination Date: March 24, 2023

Eviction Deadline: March 24, 2023

ℹ️ Case overview

Case Number: LTB-L-070508-22-SA
Address: 48 GLADSTONE AVE, BRANTFORD ON N3S1P1
Form Used: Consent order issued on August 17, 2022
Served By: Not specified
Amount Awarded: $9,700.00
Decision In Favor: Landlord
Application Type: Motion to set aside an eviction order
RTA Sections: Section 77(8), Subsection 78(11)

👥 Parties involved

Landlord: Delaney Ramos
Landlord Rep: Self Represented
Tenant: Vaughn Serieux
Tenant Rep: Self Represented
Adjudicator: Jana Rozehnal
Keywords: eviction, rent arrears, consent order, set aside motion

⚖️ Decision summary

The motion to set aside the eviction order is denied.
The stay of the eviction order is lifted, effective March 24, 2023.

⚠️ Dispute summary

Tenant breached the consent order by failing to pay the monthly rent for October 2022.
Tenant's financial circumstances deteriorated, leading to increased arrears.

📑 Findings & determinations

Tenant breached the order issued on August 17, 2022.
It would be unfair to set aside the eviction order given the tenant's inability to pay arrears and ongoing rent.

💡 Summary points

Tenant failed to pay rent as per the consent order.
Landlord applied to terminate tenancy due to non-payment and other hardships.
Motion to set aside the eviction order was denied.
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