If my landlord takes my late rent money, does that mean my eviction is cancelled?

The situation

I am currently living in a rental apartment in Ontario and things have been quite difficult lately. Back in January, my landlord gave me a formal notice to move out by the end of March because I had fallen behind on my monthly payments. Since then, I have been working extra shifts to try and get my finances back on track. Yesterday, I finally managed to scrape together the full amount of the arrears, which totals $1,450, plus my regular rent for this month. I sent the landlord a bank transfer for the total sum of $2,100 this morning to show I am serious about staying. However, my landlord sent me a quick text message saying they received the money but that it doesn't change the fact that I still have to leave at the end of the month as previously planned. I feel like because they accepted my pay cheque and the money for the overdue rent, they have essentially agreed to let me stay and have reinstated my tenancy. I have already tried calling them to discuss a new payment programme, but they won't pick up. Does the fact that they took my money mean the notice to leave is no longer valid?

Detailed Analysis

Based on the facts you provided, your landlord's decision to accept the $2,100 (which covers your $1,450 in arrears and your current month's rent) does not mean your tenancy is back to normal.

Under the Residential Tenancies Act, a landlord is not required to cancel an eviction notice just because they took the money you owed. The law states that "the landlord does not waive a notice of termination, reinstate a tenancy or create a new tenancy... by accepting arrears of rent or compensation for the use or occupation of a rental unit"^[1]. This means that even though you paid the full amount to show you are serious, the landlord's legal right to proceed with the termination notice you received in January remains intact^[1].

However, there is a specific way you might be able to stop the eviction. According to the rules for non-payment of rent, a notice of termination is "void if, before the day the landlord applies to the Board for an order terminating the tenancy and evicting the tenant based on the notice, the tenant pays, (a) the rent that is in arrears... and (b) the additional rent that would have been due"^[2].

In your case, whether you can stay depends on whether the landlord has already filed an application with the Landlord and Tenant Board (LTB). If they have not yet applied to the Board for an eviction order, your payment of the full arrears and current rent might make the notice void^[2]. If they have already filed the application, the payment alone does not automatically cancel the process, and you may need to reach a formal agreement with them to stay.

Statutory Citations

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