The landlord has a right to evict a tenant who is late in the rent payment by applying to the Landlord and Tenant Board (LTB). Besides an eviction order, the LTB will also order the tenant to pay the arrears of rent. In certain circumstances, the LTB may also order the tenant to pay the landlord compensation.
After the landlord gives a notice of termination, one of the following circumstances might happen:
- The tenant vacated the rental complex on or after the termination date,
- The tenant does not vacate the rental complex, or
- The tenant paid the arrears of rent.
When the tenant vacated the rental complex
If the tenant vacated the rental complex on the termination date, the landlord would not have a right to apply to the LTB for an eviction order. Therefore, the LTB will not hear the arrears of rent. If the tenant still owes the rent, the landlord may file a claim with the court.
Sometimes, the tenant vacated the rental complex after the termination date. In this case, if the landlord had applied to the LTB for eviction, the LTB will continue deciding the arrears of rent. Additionally, the LTB may order the tenant to pay the landlord compensation for staying in the rental complex after the termination date up to the date when the tenant moved out.
However, if the landlord has not applied to the LTB for eviction after the tenant moved out, the landlord may file a claim with the court for the arrears of rent and compensation.
When the tenant does not vacate the rental complex
If the tenant does not vacate the rental complex, the landlord may file apply to the LTB for eviction. The LTB will order the tenant to pay the arrears of rent and compensation for staying in the rental complex from the termination date to the date of the hearing.
The tenant paid the arrears of rent
Sometimes, the tenant will pay the rent owed to the landlord. If the tenant pays the arrears before the landlord applies to the LTB, the notice of termination becomes void, and the landlord can no longer apply for an eviction order.
If the tenant pays the full arrears after the landlord applied to the LTB and before the LTB’s order, the landlord‘s application will be discontinued.
If the tenant pays the entire amount after the LTB has rendered an eviction order, but before the order becomes enforceable, the order will become void.
If the tenant pays the entire amount after the order becomes enforceable, but before the sheriff enforces the order, the tenant may file a motion with the LTB to set aside the eviction order. The eviction order then is stayed until the LTB makes a final decision. Stay means temporarily suspending. The motion is an in-person motion that requires the landlord and tenant’s attendance. If the LTB is satisfied that the tenant has paid the entire amount, the motion will set aside the eviction order.
Sometimes, the landlord may have to pay the Non-Sufficient Funds (NSF) charges. In this case, the RTA allows the landlord to include the NSF charges in the application. Besides, if the tenant owes utilities charges that the tenant should have paid, the landlord may also include those charges.
The rent deposit can only be used for the last month’s rent of the tenancy. Therefore, the tenant cannot use the rent deposit to pay the arrears in order to void the notice of termination. Similarly, without the permission of the LTB, the landlord cannot take the rent deposit to cover the arrears.
Sometimes, the amount of arrears and charges is less than the rent deposit. In this case, the LTB may order to use the rent deposit to pay the amount owed by the tenant. Therefore, the landlord may still need to return some of the rent deposit to the tenant.
Guarantor of the tenancy agreement
A guarantor is not the tenant. Therefore, the LTB will not order the guarantor to pay the arrears. However, the landlord may include the guarantor when enforcing the LTB order.
Sometimes, the tenant may also have issues as the subjects of the tenant’s application. In this case, the RTA permits the tenant to raise those issues in the landlord’s eviction application. For example, if the landlord did not maintain the rental complex, which caused damages, the tenant may ask for compensation in the same proceeding. In other words, the tenant is not required to start a new application against the landlord.