On every non-payment of rent application seeking an eviction during COVID-19, the board must consider to delay or deny an eviction based on section 83(6) of the Residential Tenancies Act, which states in part:
“…. in determining whether to exercise its powers under subsection (1) the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears.”
Every landlord should attempt to negotiate terms of payment for rent arrears with their tenant. If possible, the offer of terms of payment should be made in writing. The offer should be disclosed and filed with the board as evidence in advance of the hearing.
The board is required to consider delaying or denying an eviction if the landlord fails to attempt to negotiate with the tenant.
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