LTB Order LTB-L-023437-23

Order under Section 206 Residential Tenancies Act, 2006 2023 ONLTB 31412 (CanLII) Citation: A. v D., 2023 ONLTB 31412 Date: 2023-04-13 File Number: LTB-L-023437-23 In the matter of: 61 WRIGHT AVE BELLEVILLE ON K8P4E6 Between: J.A. Landlord And A.D. Tenants Cody Sweet Leah Guy J.A. (the 'Landlord') applied for an order to terminate the tenancy and evict A.D., Cody Sweet and Leah Guy (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The Landlord and the Tenants filed a written agreement with the LTB on March 26, 2023, to resolve the Landlord's application. Determinations: 1. The agreement reached by the Landlord and the Tenants resolves the Landlord's application. 2. The agreement has been signed by the Landlord and the Tenants. 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 Tenants shall pay the Landlord $1,831.90, which includes: Order Page 1 out of 3  o $1,645.90 for arrears owing up to March 31, 2023; and o $186.00 for the fee paid by the Landlord for filing the application. 2023 ONLTB 31412 (CanLII) 2. The Tenants shall pay the amount set out in paragraph 1 according to the following schedule: 1. $100.00 on or before the first of each month commencing May 1, 2023, and for the next 18 months up to and including October 1, 2024 2. $31.90 on or before November 1, 2024. 3. The Tenants shall also pay the Landlord the full rent on or before the first day of each month for the period from May 2023, up to and including November 2024 or until all arrears in paragraph 1 have been paid, whichever is sooner. 4. CONSEQUENCES OF BREACH: If the Tenants do 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 Tenants, 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 Tenants breach. This will result in a hearing at the LTB. 5. Either the Landlord or the Tenants 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 April 13, 2023 ____________________________ Date Issued Camille Clyne 2023 ONLTB 31412 (CanLII) 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