Tenants Void Eviction Order by Paying Arrears: Kiani Nejad v Mansoor
Tenants in Markham avoid eviction by paying $20975 in rent arrears
Summarized by RentZenLast updated: July 26, 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 paid the amount required under subsection 74(11) of the Residential Tenancies Act, 2006 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 during their tenancy
- Tenants paid $20,975.00 to the Board
- Section 74(11) does not state that the amount to void is inclusive of interest
- Landlord has not incurred a fee under the Administration of Justice Act for enforcing the eviction order
- Tenants cannot make another motion under subsection 74(11) to set aside an eviction order during their tenancy
Case Study
The Tenants have paid the amount required under subsection 74(11) of the Act to void the eviction order by September 14, 2021. The Landlord's argument that the amount should be inclusive of interest was rejected, as the Act does not state that the amount to void is inclusive of interest.
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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