LTB Order LTB-L-016574-23

Order under Section 206 Residential Tenancies Act, 2006 2023 ONLTB 32335 (CanLII) Citation: Lowe Properties LTD v I., 2023 ONLTB 32335 Date: 2023-04-20 File Number: LTB-L-016574-23 In the matter of: 304, 390 SUNDIAL DR ORILLIA ON L3V4A6 Between: LOWE PROPERTY LTD Landlord And J.I. Tenant LOWE PROPERTY LTD (the 'Landlord') applied for an order to terminate the tenancy and evict J.I. (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 11, 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 $4,362.38, which includes: o $4,156.38 for arrears owing up to April 30, 2023. o $186.00 for the fee paid by the Landlord for filing the application. o $20.00 to Order Page 1 out of 3  reimburse the Landlord for administrative charges and bank fees the Landlord incurred by or on behalf of the Tenants which were 2023 ONLTB 32335 (CanLII) returned NSF. 2. The Tenant shall pay the amount set out in paragraph 1 according to the following schedule: 1. $250.00 per week commencing April 7, 2023, up to and including July 28, 2023 for a total of 17 weeks. 2. $112.38 on or before August 4, 2023. 3. The Tenant shall also pay the Landlord the full rent on or before the Friday 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. Order Page 2 out of 3  2023 ONLTB 32335 (CanLII) April 20, 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. Order Page 3 out of 3