Last updated: July 26, 2024
Ordered by Alex Brkic,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
Agree with the ruling?
Citation: NJS Sherbourne Inc v Horton, 2021 CanLII 146404
File Number: TSL-21887-21-SA
Application Date
May 2021
Hearing Date
Jul 2021
Order Date
Nov 12, 2021
The Tenant's motion to set aside the previous order was granted. The previous order was set aside and replaced with a new 12-month conditional order for the Tenant to pay rent on time, with the Landlord able to apply for termination and eviction if the Tenant fails to comply.
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's failure to meet a condition specified in a previous order. The Tenant filed a motion to set aside the order.
Landlord's Agent objected to granting the set aside, arguing this was a second set-aside motion for the same original L2/N8 application, and that the Tenant has a regular pattern of breaching conditional orders.
Landlord's Agent submitted that the Tenant paid her rents for May and June 2021, but both were paid late in July 2021.
Tenant testified about challenges with Landlord's rent payment system, stating that when she deposited rent payments on time, they sometimes appeared 'late' due to no Landlord staff being on site.
Tenant testified that due to loss of employment, she ended up living on employment insurance. She started a new full-time job on May 18, 2021 but there was a 3-week delay in getting her first paycheque, causing her to breach the underlying conditional order.
Need assistance from an expert?
Lawful Rent
$940
Click to switch between order outcomes
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.