3. Sign the agreement
Question & AnswerI’m taking my landlord to the LTB. Can we settle without a hearing?
If you and your landlord reach an agreement to settle the problem on your own or in , it should be in writing and signed by both of you.
Before you sign any settlement agreement, try to get legal advice, and make sure the agreement:
- says exactly what you agreed to,
- does not include anything you think is unfair, and
- explains what you can do if your landlord doesn't do what they agreed to do. For example, if your landlord doesn't do repairs by a certain day, you can pay for the repairs yourself and take the cost off your next rent payment.
If you sign an agreement, make sure you get a copy of it. If your agreement settles everything in the LTB , you can ask the LTB to make your agreement into a . You can do this by emailing the LTB at email@example.com. You won't have to go to a hearing if the LTB agrees to make a consent .
You might not have enough time to get a consent order before your hearing date. For example, you might reach an agreement in mediation. If this happens, bring a copy of the agreement to the hearing and tell the about it. The LTB member can make the consent order at the hearing.
The LTB keep copies of consent orders. When the LTB makes a consent order, they will send a copy to you and your landlord.
Mediated agreements are not the same as consent orders. The LTB does not keep copies of mediated agreements. And you can't enforce mediated agreements in Small Claims Court.
You and your landlord can agree to do things in mediated agreements that you can't agree to do in consent orders. This is because consent orders must follow the rules in the Residential Tenancies Act. Mediated agreements don't have to follow these rules.
You can make a consent order from your . To do this, you must use the Advance Resolution Request form or bring the mediated agreement to the LTB hearing. The LTB member who makes the consent order might refuse to include something you agreed to if it doesn't follow the rules in the Residential Tenancies Act.
Learn what happens after you make a consent order or mediated agreement
If you make a mediated agreement and your landlord doesn't follow what they agreed to, you can apply to the LTB to re-open your application and have a hearing.
When you have a consent order, if your landlord doesn't pay you money they agreed to pay, you can take the order to Small Claims Court. There are ways you can get your landlord to pay when you do this.
If your hearing is about an eviction application made by your landlord, be very careful what you agree to do. In that situation, a mediated agreement or consent order can give your landlord the right to apply for an eviction order without giving you any and without you having a hearing.
Try to get advice from Tenant Duty Counsel before you sign your agreement. Make sure to keep a copy of the agreement.