Section 78 Eviction Order Timeline?
How long does it take to get an Order from the LTB?
I had a hearing in october where a mediated settlement pursuant to section 78 was done. The tenant was ordered to pay rent on time and also repay $500.
Now the tenant is trying to transfer money on the 3rd despite payment being due on the 1st.
It is ordered on consent that:
- The application is amended to remove _______
- The Tenant shall pay to the Landlord $12,186.00 for arrears of rent up to October 31, 2024 and costs.
- The Tenant shall pay to the Landlord the amount set out in paragraph 2 in accordance with the following schedule: a) $500.00 in full on or before the 20th day of each month beginning November 20, 2024 up to and including October 20, 2026; and b) $186.00 in full on or before November 20, 2026.
- The Tenant shall also pay to the Landlord new rent on time and in full as it comes due and owing for the period November 1, 2024 to November 1, 2026, or until the arrears are paid in full, whichever date is earliest.
5. 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 2 of this order shall become immediately due and owing and the Landlord may, without notice to the Tenant, apply to the LTB within 30 days of the File Number: LTB-_________Order Page 2 of 2 Tenant's breach pursuant to section 78 of the Act for an order terminating the tenancy and evicting the Tenant and requiring that the Tenant pay any new arrears, NSF fees and related charges that became owing after October 31, 2024.
What's the likelihood that an eviction could be challenged despite the order being violated?