2 total
Retroactive stay of eviction granted where tenant paid outstanding arrears and disputed double-occupancy rent calculation.
The moving party, an elderly tenant with health challenges, brought an emergency motion to stay an eviction order obtained by the respondent housing corporation for rent arrears.
Despite being served with notice of the motion, the respondent and the sheriff executed the eviction.
The court retroactively stayed the eviction after finding the tenant had paid the outstanding amount under the Landlord and Tenant Board order.
The court maintained the stay for 45 days to allow the tenant to address ongoing rent arrears, which were disputed due to being calculated on a double-occupancy basis despite the tenant living alone.
Retroactive stay of eviction granted where landlord executed order despite notice of pending motion.
The elderly tenant faced eviction for unpaid rent.
Her daughter brought an emergency motion to stay the eviction and paid the outstanding amount ordered by the Landlord and Tenant Board.
Despite being served with notice of the motion, the landlord and sheriff executed the eviction.
The court granted a retroactive stay, finding the outstanding amount was paid prior to the eviction taking place, and maintained the stay for 45 days to allow the parties to resolve the ongoing rent dispute.
