Landlord Wins Motion to Lift Stay of Eviction Order: Reed v Rosen 2024

Dispute Summary

Tenant filed a motion to set aside order LTB-L-070858-22 because, before the eviction order was enforced, the Tenant paid the amount required under subsection 74(11) of the Residential Tenancies Act, 2006 to void the order.

Determinations

• Tenant's motion to void filed on January 22, 2024 pursuant to subsection 74(11) of Act was directed to hearing to confirm whether the payments were received, determine whether the Landlord incurred enforcement costs, and to determine whether the Tenant has previously made this type of motion during the tenancy.
• Landlord's Legal Representative submitted that the Tenant's motion should be dismissed because this is not the Tenant's first motion to void filed pursuant to subsection 74(11) of the Act and/or the amount paid by the Tenant was not sufficient to void the order.
• Tenant has not previously made a motion under subsection 74(11) of the Act to set aside an eviction order during this tenancy.
• The rent increase amount of $250.00 for February 16, 2023 is not additional rent owing and should have been contemplated at the hearing on February 1, 2023.
• The total amount required to be paid by the Tenant to void LTB-L-070858-22 issued March 9, 2023 pursuant to subsection 74(11) of the Act is $172,936.00, but the Tenant only paid $172,441.00, which is less than the required amount.