Tenants Void Eviction Order by Paying Arrears: Abbey Rentals v Awoyale
Tenants in London, ON avoid eviction by paying required amount to void order
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1892 Sedgefield Row, London, ON N6G0P8
Dispute resolved in
agreement
Balance Owed to Landlord
$335
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2021
Order Date
Nov 5, 2021
Dispute Summary
Tenants filed a motion to set aside an eviction order because they paid the amount required to void the order before it was enforced.
Determinations
- Tenants have not previously made a motion under subsection 74(11) to set aside an eviction order
- Tenants paid the amount required under subsection 74(11) to void the eviction order for the period ending September 30, 2021
- Landlord paid $335 under the Administration of Justice Act to enforce the eviction order, which is non-refundable
- Tenants given 60 days to pay the $335 enforcement fee
Case Study
The Tenants were able to void the eviction order by paying the required amount under the Residential Tenancies Act, 2006. The Landlord was entitled to the non-refundable enforcement fee, which the Tenants were given 60 days to pay.
Decision Summary
The eviction order is void if the Tenants pay the $335 enforcement fee to the Board by December 21, 2021. If the Tenants do not pay the fee, the stay of the eviction order will be lifted and the order may be enforced.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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Financial Details
Other Owed Amount
$335
Enforcement fee paid by Landlord
Total Owing
$335 (Owed to Landlord)
Source
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