Payment Plan (RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1448
Page Categories:	[Payment of Rent (LTB)]
Citation:	Payment Plan (RTA), CLNP 1448, <5B>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2021/12/14

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

83 (1) Upon an application for an order evicting a tenant, the Board may, despite any other provision of this Act or the tenancy agreement,

(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or

(b) order that the enforcement of the eviction order be postponed for a period of time. 2006, c. 17, s. 83 (1).

(2) If a hearing is held, the Board shall not grant the application unless it has reviewed the circumstances and considered whether or not it should exercise its powers under subsection (1). 2006, c. 17, s. 83 (2).

(3) Without restricting the generality of subsection (1), the Board shall refuse to grant the application where satisfied that,

(a) the landlord is in serious breach of the landlord’s responsibilities under this Act or of any material covenant in the tenancy agreement;

(b) the reason for the application being brought is that the tenant has complained to a governmental authority of the landlord’s violation of a law dealing with health, safety, housing or maintenance standards;

(c) the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights;

(d) the reason for the application being brought is that the tenant is a member of a tenants’ association or is attempting to organize such an association; or

(e) the reason for the application being brought is that the rental unit is occupied by children and the occupation by the children does not constitute overcrowding. 2006, c. 17, s. 83 (3).

...

(6) Without restricting the generality of subsections (1) and (2), if a hearing is held in respect of an application under section 69 for an order evicting a tenant based on arrears of rent arising in whole or in part during the period beginning on March 17, 2020 and ending on the prescribed date, in determining whether to exercise its powers under subsection (1) the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears. 2020, c. 16, Sched. 4, s. 17 (3).

Neville v Baron, 2021 CanLII 80945 (ON LTB)

27. I find some delay of eviction would be reasonable. A delay may give the Tenant the opportunity to repay the rent arrears owing or find stable suitable alternative housing. I already determined that the Landlord did not attempt to negotiate a repayment of the arrears with the Tenant pursuant to s. 83(6) of the Act and as a result, I find this supports postponing the date of eviction.

Orillia Community Non-Profit Housing Corporation v Lachance, 2020 CanLII 119915 (ON LTB)

It is determined that:

1. The Tenant has not paid $8,430.00 of the total rent the Tenant was required to pay for the period from May 1, 2019 to October 31, 2020. Because of the arrears, the Landlord served a Notice of Termination.

2. The Tenant also owes the Landlord $190.00 for the cost of filing the application.

3. The total amount owing is $8,620.00. The Tenant did not dispute the amount of arrears and testified that the calculation is correct.

...

8. I have considered all of the disclosed circumstances in accordance with subsection 83(2) and 83(6) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to grant relief from eviction subject to the conditions set out in this order pursuant to subsection 83(1)(a) and 204(1) of the Act. On the evidence before the Board, I find that it would not be unreasonable to set a payment plan for repayment of the arrears. Balancing the interests and prejudices to each of the parties, I find that 15 months is not an unreasonable amount of time for the repayment of the arrears. Prejudice to the Landlord is alleviated by allowing the Landlord to apply to the Board for termination of the tenancy without further notice to the Tenant in the event the Tenant fails to comply with the conditions in this Order.