In April, we obtained an Order from the Landlord and Tenant Board (the “LTB”) to evict a Tenant who was in arrears of rent, which were at the time of our Application already over the monetary jurisdiction of the LTB (which is $35,000.00). The Tenant filed a Review of the Order; however, the original Order was upheld, and the Tenant was ordered to vacate the unit or be removed by the Sheriff.
Conveniently, the day before the Tenant was to be evicted by the Sheriff, they Appealed the LTB Order to the Divisional Court, and a Stay was issued. A Stay stops any enforcement of the LTB Order and allows the Tenant to continue living in the unit they haven’t paid rent for, in our case in over a year!
The Tenant, however, filed their Appeal late, alleging they received the Order later than they did. As we know this to be false, we filed a Motion to lift the Stay so that we can proceed with the eviction.
A Case Conference Hearing took place to finalize timelines for the parties to exchange materials with respect to our Motion.
During the Case Conference Hearing, the Tenant confirmed that they owed the amount of rent we claimed, however, tried and failed to make their pitch as to why they failed to pay.
The Justice advised the Tenant that they would be ordered to pay a significant amount of the rent arrears in addition to the months they continue to live in the unit while our Motion and Tenant’s Appeal progresses. The Justice made it clear to the Tenant that appealing an eviction doesn’t mean they get to continue living in the unit rent-free, considering the amount of rent owed, and how long the Tenant lived in the unit without paying rent.
There seem to be some Tenants in Ontario who are under the impression that rent is negotiable. It isn’t. The only time a Tenant would not be required to pay rent is if the LTB makes an Order to that effect, and for the LTB to make that order, the Tenant must bring their own Application before the LTB and air their grievances. If a Landlord brings an Application regarding rent arrears, the Tenant can serve and file the “Issues a Tenant Intends to Raise at a Rent Arrears Hearing.”
In our case, the Tenant never brought an Application against the Landlord nor served the Issues a Tenant Intends to Raise at a Rent Arrears Hearing, and as a result, their allegations (which are denied) are not before the LTB.
In some cases, Tenants bring Appeals to delay the inevitable, which is eviction, but are usually caught off guard when they’re ordered by the Court to pay some or all the arrears to the Landlord to proceed with their Appeal.
If a Tenant does not pay the arrears they’re ordered to pay, they do not get to proceed with their Appeal.
Whether the Tenant in our case pays the arrears they’re ordered to pay to move their Appeal forward is unknown, but hopefully we can bring this matter to an end for our client as expeditiously as possible.
To be continued….