Non-payment of rent
72. (1) A landlord may not apply to the Tribunal under section 69 for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 61 before the day following the termination date specified in the notice. 2000, c. 26, Sched. K, s. 6 (17). Discontinuance of application (2) An application by a landlord under section 69 for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 61 shall be discontinued if, before the Tribunal issues the eviction order, the Tribunal is satisfied that the tenant has paid to the landlord or to the Tribunal, (a) the rent that is in arrears under the tenancy agreement; (b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given; and (c) the landlord’s application fee. 2000, c. 26, Sched. K, s. 6 (17). Order of Tribunal (3) An order of the Tribunal terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 61 shall, (a) specify the following amounts: (i) the amount of rent that is in arrears under the tenancy agreement, (ii) the daily amount of compensation that must be paid under section 45, and (iii) any costs ordered by the Tribunal; and (b) inform the tenant and the landlord that the order will become void if, before the order becomes enforceable, the tenant pays to the landlord or to the Tribunal the amount required under subsection (4) and specify that amount. 2000, c. 26, Sched. K, s. 6 (17). Order void (4) An eviction order referred to in subsection (3) is void if the tenant pays to the landlord or to the Tribunal, before the order becomes enforceable, (a) the rent that is in arrears under the tenancy agreement; (b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given; (c) the amount of NSF cheque charges charged by financial institutions to the landlord in respect of cheques tendered to the landlord by or on behalf of the tenant, as allowed by the Tribunal in an application by the landlord under section 86; (d) the amount of administration charges payable by the tenant for the NSF cheques, as allowed by the Tribunal in an application by the landlord under section 86; and (e) the costs ordered by the Tribunal. 2001, c. 9, Sched. J, s. 4 (2). Notice of void order (5) If before the eviction order becomes enforceable the tenant pays the amount specified in the order under clause (3) (b) to the Tribunal, an employee of the Tribunal shall issue a notice to the tenant and the landlord acknowledging that the eviction order is void under subsection (4). 2000, c. 26, Sched. K, s. 6 (17). Determination that full amount has been paid (6) If before the eviction order becomes enforceable the tenant pays the amount due under subsection (4) either in whole to the landlord or in part to the landlord and in part to the Tribunal, the tenant may make a motion to the Tribunal, without notice to the landlord, for an order determining that the tenant has paid the full amount due under subsection (4) and confirming that the eviction order is void under subsection (4). 2000, c. 26, Sched. K, s. 6 (17). Evidence (7) A tenant who makes a motion under subsection (6) shall provide the Tribunal with an affidavit setting out the details of any payments made to the landlord and with any supporting documents the tenant may have. 2000, c. 26, Sched. K, s. 6 (17). No hearing (8) The Tribunal shall make an order under subsection (6) without holding a hearing. 2000, c. 26, Sched. K, s. 6 (17). Motion by landlord (9) Within 10 days after an order is issued under subsection (6), the landlord may, on notice to the tenant, make a motion to the Tribunal to have the order set aside. 2000, c. 26, Sched. K, s. 6 (17). Order of Tribunal (10) On a motion under subsection (9), the Tribunal shall hold a hearing and shall, (a) if satisfied that the tenant did not pay the full amount due under subsection (4) before the eviction order became enforceable, set aside the order made under subsection (6) and confirm that the eviction order is not void under subsection (4); or (b) if satisfied that the tenant paid the full amount due under subsection (4) before the eviction order became enforceable, refuse to set aside the order made under subsection (6). 2000, c. 26, Sched. K, s. 6 (17).