Anyone interested in becoming a landlord in Ontario could learn some lessons from a recent court case which demonstrates how an unscrupulous tenant was able to live rent-free for 18 months.
Rogers Afam Nwabue was the tenant of an apartment on Howell Square, in Scarborough. On April 1, 2015, he stopped paying rent. After the landlord launched eviction proceedings at the Landlord and Tenant Board, the tenant consented to an order for eviction as of July 31, 2015. In exchange, the landlord agreed to waive rent arrears to June 30.
Instead of moving out as he agreed to do, the tenant applied to the board for a review of the eviction order he had already agreed to. On July 29, 2015, the board refused the request for a review.
In a textbook example of how to delay eviction, the tenant then appealed both orders of the Landlord and Tenant Board to a three-judge panel of the Divisional Court.
The tenant filed the required appeal papers in September 2015, but made no effort to set a hearing date. The landlord’s lawyer sent the tenant letters in February, March and June 2016, but the tenant did not reply.