LTB Order LTB-L-002307-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: E. J. Duala-E. v M. B. N., 2023 ONLTB 34326 2023 ONLTB 34326 (CanLII) Date: 2023-05-10 File Number: LTB-L-002307-23 In the matter of: 87 MCPHAIL RD CARLETON PLACE ON K7C0P6 Between: E.J.D.A.Y.D. L. E. A. M. B. N. Tenant E.J.D.A.Y.D.E. (the 'L.') applied for an order to terminate the tenancy A. evict M. B. N. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 24, 2023 at 09:00 am. The L. E. J. Duala-E. A. the Tenant attended the hearing. Determinations: 1. The L. served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant did not void the notice by paying the amount of rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $2,250.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $73.97. This amount is calculated as follows: $2,250.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to April 30, 2023 are $12,250.00. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $2,250.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. Order Page: 1 of 5  File Number: LTB-L-002307-23 9. Interest on the rent deposit, in the amount of $36.37 is owing to the Tenant for the period from September 1, 2022 to April 24, 2023. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would not be unfair to 2023 ONLTB 34326 (CanLII) postpone the eviction until May 21, 2023 pursuant to subsection 83(1)(b) of the Act. 11. Specifically, at the hearing the Tenant didn’t dispute the amount arrears owing A. request that eviction be delayed to May 21, 2023 to afford him time to find a new rental property. Given the circumstances before me I am satisfied that such a delay is reasonable A. would not unduly prejudice the L.. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust:  $14,686.00 if the payment is made on or before May 21, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after May 21, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before May 21, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $9,674.91. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the L. owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the L. compensation of $73.97 per day for the use of the unit starting April 25, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the L. the full amount owing on or before May 21, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 22, 2023 at 6.00% annually on the balance outstanding. 8. The L. or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before May 21, 2023, then starting May 22, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the L. on or after May 22, 2023. Order Page: 2 of 5  File Number: LTB-L-002307-23 May 10, 2023 Date Issued Kelly Delaney Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor 2023 ONLTB 34326 (CanLII) Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on November 22, 2023 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. Order Page: 3 of 5  File Number: LTB-L-002307-23 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before May 21, 2023 2023 ONLTB 34326 (CanLII) Rent Owing To May 31, 2023 $14,500.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the L. owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $14,686.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,775.28 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,250.00 Less the amount of the interest on the last month's rent deposit - $36.37 Less the amount the L. owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the L. $9,674.91 Plus daily compensation owing for each day of occupation starting $73.97 April 25, 2023 (per day) Order Page: 4 of 5 File Number: LTB-L-002307-23 2023 ONLTB 34326 (CanLII) Order Page: 5 of 5