Tenant Voids Eviction Order by Paying Arrears: Dhonsi v McKinell
Tenant in Whitby successfully voids eviction order by paying outstanding rent arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
105 Craydon Rd, Whitby, ON L1N2B5
Dispute resolved in
agreement
Balance Owed to Landlord
$3,472
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Apr 2021
Order Date
Dec 21, 2021
Dispute Summary
The tenant filed a motion to set aside an eviction order because he paid the required amount to void the order before it was enforced.
Determinations
- Tenant has not previously made a motion under subsection 74(11) to set aside an eviction order
- Tenant paid all outstanding arrears to March 31, 2021 as required to void the eviction order
- Landlord paid $319.80 under the Administration of Justice Act for enforcing the eviction order, which is non-refundable
- Tenant paid the $319.80 amount into the Board
Decision Summary
The eviction order TEL-07388-19 is void and cannot be enforced by the landlord. The $3,152.50 paid into the Board by the tenant shall be paid out to the landlord.
Adjudicator Details
LTB Member
Total Orders
283
Landlord Favorable
85.2%
Tenant Favorable
7.8%
Mutual Agreement
7.1%
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Financial Details
Rent Arrears
$3,153
Other Owed Amount
$320
Administration of Justice Act fee for enforcing eviction order
Total Owing
$3,472 (Owed to Landlord)
Source
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