Evictly

LTB Order LTB-L-056290-23

Citation
2023 ONLTB 63356
Decided
2023-09-27
Rental unit
19, BOX 969 Place Lambert HEARST ON P0L1N0
Landlord
T.O.H.N.H.C.
Tenant
R.H.
RTA section
s. 206
Order under Section 206 Residential Tenancies Act, 2006 2023 ONLTB 63356 (CanLII) Citation: T.O.H.N.H.C. v H., 2023 ONLTB 63356 Date: 2023-09-27 File Number: LTB-L-056290-23 In the matter of: 19, BOX 969 Place Lambert H. ON P0L1N0 Between: T.O.H.N.H.C. Landlord And R.H. Tenant T.O.H.N.H.C. (the 'Landlord') applied for an order to terminate the tenancy and evict R.H. (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 September 7, 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 $2,311.00, which includes: o $2,125.00 for arrears owing up to August 31, 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: 1. $150.00 on or before September 7, 2023. Order Page 1 of 3 2023 ONLTB 63356 (CanLII) File Number: LTB-L-056290-23 2. $150.00 on or before September 21, 2023. 3. $150.00 on or before October 5, 2023. 4. $150.00 on or before October 19, 2023. 2023 ONLTB 63356 (CanLII) 5. $150.00 on or before November 2, 2023. 6. $150.00 on or before November 16, 2023. 7. $150.00 on or before November 30, 2023. 8. $150.00 on or before December 14, 2023. 9. $150.00 on or before December 28, 2023. 10. $150.00 on or before January 11, 2024. 11. $150.00 on or before January 25, 2024. 12. $150.00 on or before February 8, 2024. 13. $150.00 on or before February 22, 2024. 14. $150.00 on or before March 7, 2024. 15. $150.00 on or before March 21, 2024. 16. $61.00 on or before April 4, 2024. 3. The Tenant shall also pay the Landlord the full rent on or before the eighth day of each month for the period from September 2023, up to and including April 2024, 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. Order Page 2 of 4 File Number: LTB-L-056290-23 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. 2023 ONLTB 63356 (CanLII) September 27, 2023 Date Issued Robert Patchett Vice-Chair, 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 1-888-332- 3234. Order Page 3 of 4