Payment Plan (RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-20
CLNP Page ID:	1448
Page Categories:	[Payment of Rent (LTB)]
Citation:	Payment Plan (RTA), CLNP 1448, <5B>, retrieved on 2024-05-20
Editor:	Sharvey
Last Updated:	2021/12/14

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

83 (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.