Method of Payment (LTB): Difference between revisions
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8. The evidence of both parties is credible. The Tenant intended to pay the rent for September 30, 2010, in cash. The Landlord did not provide any written documentation to confirm the Tenants received the change of management bulletin that explains the preferred method of payment. <b><u>The Residential Tenancies Act, 2006, Act does not allow landlords to dictate/restrict the payment method.</b></u> The Tenant had more than one conversation and information gathering session with a person wearing a “CLV” uniform. The Tenant distinguished that person as an employee of the Landlord. | 8. The evidence of both parties is credible. The Tenant intended to pay the rent for September 30, 2010, in cash. The Landlord did not provide any written documentation to confirm the Tenants received the change of management bulletin that explains the preferred method of payment. <b><u>The Residential Tenancies Act, 2006, Act does not allow landlords to dictate/restrict the payment method.</b></u> The Tenant had more than one conversation and information gathering session with a person wearing a “CLV” uniform. The Tenant distinguished that person as an employee of the Landlord. | ||
==[http://canlii.ca/t/hmmz7 SWL-06623-17 (Re), 2017 CanLII 70517 (ON LTB)]== | |||
Revision as of 00:28, 7 April 2020
TST-21729-11 (Re), 2012 CanLII 21988 (ON LTB)
5. It was evidence before me that the Landlord demanded that the Tenant pay the rent in cash or by certified funds. The Landlord made this demand as the Tenant did not provide her Social Insurance Number and the Landlord was unable to perform a credit check. As I mentioned during the hearing, this is contrary to the Residential Tenancies Act, 2006 (the ‘Act’). More specifically, it is contrary to section 108 of the Act which states that a landlord cannot require a tenant to provide post-dated cheques or “other negotiable instruments”. Essentially, anything worth money is a negotiable instrument so what section 108 actually means is that a landlord cannot dictate to tenant the form of payment of the rent. The tenant is entitled to pay the rent anyway he or she likes.
SWL-14319-10-RV (Re), 2010 CanLII 76147 (ON LTB)
8. The evidence of both parties is credible. The Tenant intended to pay the rent for September 30, 2010, in cash. The Landlord did not provide any written documentation to confirm the Tenants received the change of management bulletin that explains the preferred method of payment. The Residential Tenancies Act, 2006, Act does not allow landlords to dictate/restrict the payment method. The Tenant had more than one conversation and information gathering session with a person wearing a “CLV” uniform. The Tenant distinguished that person as an employee of the Landlord.
