The Legislative Assembly of Ontario passed Bill 184 July 21, 2020 and made some big changes to the Residential Tenancies Act. As the Landlord and Tenant Board starts to hear eviction cases again, the most common questions I get from landlords are about non-payment of rent. The most important changes with non payment evictions are:
Section 83 was changed so that any arrears of rent from March 17, 2020 to the end of the provincial COVID-19 emergency order will have an extra consideration. "The Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears."
A new Landlord and Tenant Board form called "Payment Agreement." A link to the board forms page is below. This form can be used when the Tenant owes rent, and the Landlord has already filed with the board (either an L1 or L9 application). This agreement allows/can include:
The amount of rent that the tenant owes the landlord to the end of the current rent period, as of the date this agreement is signed,
Any NSF bank charges and related administration charges that the tenant owes the landlord,
The fee that the landlord paid to file the application, and
Any new rent that will come due during the period covered by the Agreement (for L1 Applications only)
Once completed, the Board will have the option to issue a consent order or a hearing will take place as scheduled (or a hearing will be scheduled). If a consent order is issued the hearing will be cancelled.
Remember, the government continues to react as COVID-19 develops. Some of these new rules could be revised. If you have questions about eviction for rent arrears, or want to know the latest developments, let us help you.
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