Eviction for non-payment of rent · Other · TSL-26635-22-SA

This Landlord application — Eviction for non-payment of rent — was granted.

It is ordered that: 1. Order TSL-26635-22, issued on September 20, 2022, is set aside. Order TSL-25398-21 is cancelled and replaced with the following. 2. The Tenant shall pay to the Landlord $10, 536.00, which represents the arrears of rent ($10,350.00), and costs ($186.00) outstanding for the period ending October 31, 2022. 3. The Landlord’s application for eviction of the Tenant is denied on the condition that: (a) The Tenant shall make the following payments to the Landlord in respect of the monies owing under paragraph 2 of this order: File Number: TSL-26635-22-SA Schedule Page 4 of 4 Date Payment Due Amount of Payment November 20, 2022 $1,500.00 (costs and arrears) December 20, 2022 through January 20, 2023 $1,500.00 each month (arrears) February 20, 2023 $6,036.00 (balance of arrears) (b) The Tenant shall also pay the Landlord the lawful monthly rent for the months of November 1, 2022 up to and including February 1, 2023 in full, on or before the first day of each corresponding month. 4. If the Tenant fails to make any of the payments in accordance with paragraph 2, and by the dates required, then: (a) The Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act’) for an order terminating the tenancy and evicting the Tenant, and for the payment of any new arrears of rent and NSF charges not already ordered under paragraph 1 of this order. The Landlord must make the application within 30 days of a breach of a condition set out in paragraph 2 of this order. (b) The balance owing under paragraph 1 of this order shall become payable on the day...

applied for an order to terminate the tenancy and evict Nuno Silva (the 'Tenant') and for an order to have the Tenant pay the rent the Tenant owes because the Tenant failed to meet a condition specified in the order issued by the Board on March 30, 2022 with respect to application TSL-25398-21. The Landlord's application was resolved by order TSL-26635-22, issued on September 16, 2022. The Tenant filed a motion to set aside order TSL-26635-22. This motion was heard by videoconference on October 18, 2022. The Landlord, the Tenant, and the Landlord's Legal Representative, Carla Rodrigues, attended the hearing. The Tenant’s wife, Liliana, testified on behalf of the Tenant.