📍 Kingston, Ontario
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Dispute this orderapplied for an order to terminate the tenancy and evict Skyler Kelly (the 'Tenant') because the Tenant failed to meet a condition specified in the order issued by the Board on October 25, 2022 with respect to application LTB-L-015973-22. The Landlord's application was resolved by order LTB-L-019435-23, issued on April 26, 2023. This order was issued without a hearing being held. The Tenant filed a motion to set aside order LTB-L-019435-23. The motion was heard by videoconference on June 5, 2023. The Landlord, the Landlord’s Representative, Vijay Shah and the Tenant attended the hearing.
It is ordered that: 1. The motion to set aside Order LTB-L-019435-23, issued on April 26, 2023, is granted. 2. Order LTB-L-019435-23, issued on April 26, 2023, is set aside and cannot be enforced. 3. Order LTB-L-019435-23, issued on April 26, 2023 is replaced as follows: 4. The Tenant shall pay the Landlord $3,460.00 according the following payment schedule: a) $1,000.00 (arrears) on or before July 15, 2023; b) $1,000.00 (arrears) on or before August 15, 2023; c) $1,000.00 (arrears) on or before September 15, 2023; and d) $460.00 (balance of arrears) on or before October 15, 2023 5. The Tenant shall also pay the Landlord rent owing for the month of July 2023 to October 2023, no later than first day of each month or until the balance of arrears is paid. 6. If the Tenant fails to make any one of the payments in accordance with this order, the outstanding balance of any arrears of rent and costs to be paid by the Tenant to the Landlord pursuant to paragraph 4 of this order shall become immediately due and owing and the Landlord may, without notice to the Tenant apply to the Board pursuant to section 78 of the Act for an order terminating the tenancy and evicting the Tenant and requiring that the Tenant to pay any new arrears, NSF fees and related charges that became owing after June 30, 2023. June 14, 2023 ____________________________ Date Issued Sandra Macchione Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6
This Landlord application — Eviction for non-payment of rent — was granted.
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