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  • Mar 11th, 2019 3:55 pm
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Deal Guru
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Mar 23, 2008
11502 posts
7791 upvotes
Edmonton
bruenor9 wrote: I filed an L1, our hearing is still April 5th, he paid back some of the rent, not all of it, if he pays back all of it though before April 5th, im screwed?
When you filed an L1, did you include the filing fee in the amount owing? That's what you were supposed to do. And he has to pay THAT total, not the original outstanding amount. So that would get you your filing fee back.

C
[OP]
Sr. Member
Jul 20, 2014
860 posts
178 upvotes
Hamilton, ON
CNeufeld wrote: When you filed an L1, did you include the filing fee in the amount owing? That's what you were supposed to do. And he has to pay THAT total, not the original outstanding amount. So that would get you your filing fee back.

C
Yeah I did it automatically online so I believe it included the fee. so he has to pay the full amount plus the fee or I still go to the hearing?

If he pays the full amount before the hearing date do I still attend or nah?
Deal Guru
User avatar
Mar 23, 2008
11502 posts
7791 upvotes
Edmonton
bruenor9 wrote: Yeah I did it automatically online so I believe it included the fee. so he has to pay the full amount plus the fee or I still go to the hearing?

If he pays the full amount before the hearing date do I still attend or nah?
Did you read the form you filed?
OPTION 1: Pay everything you owe
If you pay all the rent you owe plus the landlord's filing fee before the Board issues an order about this application, the landlord will not be able to evict you for not paying the rent. The amount you have to pay includes: • the amount set out above that the landlord is claiming in this application, plus • any new rent that has come due after the landlord filed this application. You can pay these amounts to the landlord directly, or to the Board in trust. Be sure to get a receipt for any amounts you pay to the landlord.

Go to the hearing, where you can tell the Board what you've paid. If the landlord gave you receipts for amounts you paid, bring them to the hearing.
They have to pay the full amount, plus be current as of the hearing date. So if they're late on their April rent, that's in your favor (assuming you want them out). I would NOT pull a no-show on the hearing without talking to the LTB, because many tenants fight back at the landlord with claims of maintenance issues and neglect. You'd want to be there to defend yourself, and you also don't want to demonstrate a lack of respect with the Board by not showing up.

That's the way I would roll, at least. You may not have a chance at winning an eviction if the tenant is caught up on their rent, but you can reduce the chances of further headaches if you go.

C

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