Alleghe Mortgage Fund Ltd. v Mansoor: Tenants Void Eviction Order by Paying Arrears
Tenants Void Eviction Order by Paying Rent Arrears: Alleghe Mortgage Fund Ltd. v Mansoor
Summarized by RentZenLast updated: July 22, 2024
Case Summary
79 Morgan Avenue, Markham, ON L3T1R5
Dispute resolved in
agreement
Balance Owed to Landlord
$20,975
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2020
Hearing Date
Dec 2021
Order Date
Jan 5, 2022
Dispute Summary
The Tenants filed a motion to set aside an eviction order because they had paid the amount required under subsection 74(11) of the Residential Tenancies Act, 2006 to void the order before it was enforced.
Determinations
- Landlord has not incurred a fee under the Administration of Justice Act for enforcing the eviction order
- Section 74(11) does not state that the amount to void is inclusive of interest
- Tenants cannot make another motion under subsection 74(11) to set aside an eviction order during their tenancy
- Tenants have not previously made a motion under subsection 74(11) to set aside an eviction order during their tenancy
- Tenants have paid $20,975.00 to the Board
Case Study
The Tenants have paid the amount required under subsection 74(11) of the Act to void the eviction order, and the Landlord has not incurred a fee under the Administration of Justice Act for the purpose of enforcing the eviction order. Therefore, the eviction order is void and cannot be enforced by the Landlord.
Decision Summary
Order TNL-26896-20 is void and cannot be enforced by the Landlord. The amount of $20,975.00 paid into the Board by the Tenants shall be paid out to the Landlord.
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
Rent Arrears
$20,975
Total Owing
$20,975 (Owed to Landlord)
Source
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