Evictly

LTB Order LTB-L-035540-22

Citation
2023 ONLTB 19784
Decided
2023-02-17
Rental unit
17, 607 THE EAST MALL ETOBICOKE ON M9B4A9
Landlord
T.C.H.C.
Tenant
C.M.
RTA section
s. 69
Order under Section 69 Residential Tenancies Act, 2006 Citation: T.C.H.C. v M., 2023 ONLTB 19784 2023 ONLTB 19784 (CanLII) Date: 2023-02-17 File Number: LTB-L-035540-22 In the matter of: 17, 607 THE EAST MALL ETOBICOKE ON M9B4A9 Between: T.C.H.C. Landlord And C.M. Tenant T.C.H.C.(the 'Landlord') applied for an order to terminate the tenancy and evict C.M.(the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 2, 2023. The Landlord’s Legal Representative Rahel Abera attended the hearing. Noting that the Tenant was not in attendance, the Landlord requested that the Board issue a payment plan order and the Board granted this request. The Tenant should be aware that all of the rent and arrears payments due dates are all “on or before” the date specified meaning that the Tenant must make sure that these payments are made by that date. The Tenant must also make sure that the payments are made in full by the due date. If the Tenant is late with a payment, does not make a payment or only makes a partial payment the Landlord can file paperwork with the Board that, if correct, would result in an order for eviction. If there may be an issue, the Tenant is encouraged to contact the Landlord prior to the default. It is ordered that: 1. The Tenant shall pay to the Landlord $11,851.00 for arrears of rent up to February 28, 2023 and costs. 2. The Tenant shall pay to the Landlord the amount set out in paragraph 1 in accordance with the following schedule: a. 35 equal payments commencing March 15, 2023 in amount of $329.00 b. A 36th and final payment on or before February 15, 2026 in amount of $336.00. Order Page 1 of 2 File Number: LTB-L-035540-22 The Tenant shall also pay to the Landlord new rent on time and in full as it comes due and owing for the period March 2023 to March 2026, or until the arrears are paid in full, whichever date is earliest. 3. If the Tenant fails to make any one of the payments in accordance with this order, the 2023 ONLTB 19784 (CanLII) outstanding balance of any arrears of rent and costs to be paid by the Tenant to the Landlord pursuant to paragraph 1 of this order shall become immediately due and owing and the Landlord may, without notice to the Tenant, apply to the LTB within 30 days of the Tenant's breach pursuant to section 78 of the Act for an order terminating the tenancy and evicting the Tenant and requiring that the Tenant pay any new arrears, NSF fees and related charges that became owing after February 28, 2023 February 17, 2023 Date Issued Robert Patchett Vice Chair, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor T. ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page 2 of 2