LTB Order LTB-L-009597-23
- Citation
- 2023 ONLTB 32321
- Decided
- 2023-04-24
- Rental unit
- 201, 124 ONTARIO ST BRANTFORD ON N3S2C6
- Landlord
- C.O.B.H.
- Tenant
- A.S.
- RTA section
- s. 206
Order under Section 206
2023 ONLTB 32321 (CanLII)
Residential Tenancies Act, 2006
Citation: C.O.B.H. v S., 2023 ONLTB 32321
Date: 2023-04-24
File Number: LTB-L-009597-23
In the matter of: 201, 124 ONTARIO ST
B. ON N3S2C6
Between: C.O.B.H. Landlord
And
A.S. Tenant
C.O.B.H. (the 'Landlord') applied for an order to terminate the
tenancy and evict A.S. (the 'Tenant') because the Tenant did not pay the
rent that the Tenant owes.
The Landlord and the Tenant filed a written agreement with the LTB on April 17, 2023,
to resolve the Landlord's application.
Determinations:
1. The agreement reached by the Landlord and the Tenant resolves the Landlord's
application.
2. The agreement has been signed by the Landlord and the Tenant.
3. The agreement was filed with the LTB before the hearing for the Landlord's
application.
4. As a result of this order, no hearing will be held.
Based on the parties' agreement, it is ordered that:
1. The Tenant shall pay the Landlord $711.00, which includes:
o $525.00 for arrears owing up to April 30, 2023.
o $186.00 for the fee paid by the Landlord for filing the application.
2. The Tenant shall pay the amount set out in paragraph 1 according to the following
schedule:
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2023 ONLTB 32321 (CanLII)
1. $150.00 on or before April 30, 2023.
2. $150.00 on or before May 31, 2023.
3. $150.00 on or before June 30, 2023.
4. $150.00 on or before July 31, 2023.
5. $111.00 on or before August 31, 2023.
3. The Tenant shall also pay the Landlord the full rent on or before the first day of
each month for the period from April 2023 up to and including August 2023 or until
all arrears in paragraph 1 have been paid, whichever is sooner.
4. CONSEQUENCES OF BREACH: If the Tenant does not make any of the payments
required in paragraphs 2 or 3 in full and on time:
o The Landlord may apply under section 78 of the Residential Tenancies Act,
2006 (the ‘Act') for an order terminating the tenancy and evicting the Tenant,
and for the payment of any new arrears of rent and NSF charges not already
ordered under paragraph 1 of this order. The Landlord must make the
application within 30 days of a breach of condition set out in paragraph 2 or
3. This normally results in the LTB issuing an eviction order without a
hearing being held.
OR
o The Landlord may ask the LTB to reopen the application no later than 30 days
after the Tenant's breach. This will result in a hearing at the LTB.
5. Either the Landlord or the Tenant can ask the LTB to reopen the application within
30 days of date this order is issued if they believe the other party forced them to
enter into the agreement, or if the other party deliberately made false or misleading
misrepresentations that had a material effect on the agreement and the order
issued.
April 24, 2023 ____________________________
Date Issued Camille Clyne
Member, Landlord and Tenant Board
15 Grosvenor Street, Ground Floor
Toronto, ON M7A 2G6
If you have any questions about this order, call 416-645-8080 or toll free at 1-888-
3323234.
2023 ONLTB 32321 (CanLII)
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