Tenant Avoids Eviction by Paying Rent Arrears: Yu v Stephenson
Tenant avoids eviction in Oshawa non-payment dispute by paying outstanding rent
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2428 Dress Circle Crescent, Oshawa, ON L1L0L9
Decision in favor of
tenant
Balance Owed to Landlord
$15,940
Dispute Categories
Notices Sent
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Timeline
Application Date
Oct 2020
Hearing Date
May 2021
Order Date
May 19, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant filed a motion to set aside the eviction order after paying the required amount to void the order.
Determinations
- Landlord served valid eviction order on 2020-10-19
- Tenant paid $15,940 to void the order, just short of the required amount
- Tenant informed by Landlord that only the filing fee of $190 was outstanding
- Tenant paid $15,940 to void the order, which was the full amount owed
Case Study
The Tenant was able to void the eviction order by paying the outstanding rent and costs, despite some discrepancies in the evidence. The Landlord's eviction order was ultimately set aside.
Arguments and Actions
Tenant
Actions
Tenant made multiple rent payments totaling $15,849.24, just short of the full amount owed. Tenant was informed by Landlord that only the filing fee of $190 was outstanding.
Decision Summary
The eviction order was set aside as the Tenant paid the full amount owed, including the non-refundable amount paid by the Landlord to enforce the order. The Tenant is required to pay the $317.40 non-refundable amount to the Board by June 19, 2021.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$2,250
Rent Arrears
$15,940
Application Fee
$190
Other Owed Amount
$317
Non-refundable amount paid by Landlord to enforce eviction order
Total Owing
$15,940 (Owed to Landlord)
Source
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