LTB Order LTB-L-068434-22

Order under Section 206 Residential Tenancies Act, 2006 Citation: H. v Stearns, 2023 ONLTB 18179 2023 ONLTB 18179 (CanLII) Date: 2023-02-03 File Number: LTB-L-068434-22 In the matter of: 217B Woodward Street Carleton Place ON K7C4E8 Between: D.H. Landlord And A.S. Tenant D.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 January 27, 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 $7,269.00, which includes: o $7,269.00 for arrears owing up to January 31, 2023. 2. The Tenant shall pay the amount set out in paragraph 1 according to the following schedule: Order Page 1 out of 2  o $121.15 on or before the 15th day of each consecutive month commencing February 15, 2023 up to and continuing through January 15, 2028 (60 months). 3. The Tenant shall also pay the Landlord the full rent on or before the first day of 2023 ONLTB 18179 (CanLII) each month for the period from February 2023 up to and including January 2028 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. February 3, 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 1-888-332- 3234. Order Page 2 out of 2