LTB Order LTB-L-004797-23

2023 ONLTB 35445 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Fase Holdings Inc. v D.B., 2023 ONLTB 35445 Date: 2023-05-11 File Number: LTB-L-004797-23 In the matter of: G, 193 Mohawk Street Brantford Ontario N3S2X1 Between: Fase Holdings Inc. Landlord And D.B. Tenant Fase Holdings Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict D. B. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 27, 2023. Only the Landlord’s Legal Representative, Kurt Shmuir, and the Landlord’s Agent, Patricia White attended the hearing. As of 9:30 a.m., the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. The Landlord’s Agent testified that she had served the Tenant with the Landlord’s disclosure on April 21, 2023. The Landlord submitted a copy of the Certificate of Service for the disclosure in support of their testimony. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. The Landlord 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. Order Page: 1 of 4  File Number: LTB-L-004797-23 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $1,655.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $54.41. This amount is calculated as follows: $1,655.00 x 12, divided by 365 days. 2023 ONLTB 35445 (CanLII) 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to April 30, 2023 are $21,009.00. 7. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,550.00 from the Tenant and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 9. Interest on the rent deposit, in the amount of $34.31 is owing to the Tenant for the period from December 1, 2020 to April 27, 2023. 10. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (the ‘Act’), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant, and find that the Landlord did attempt to negotiate repayment of the arrears of rent. In making this finding I considered the Landlord’s Legal Representative’s submissions that the Landlord reached out to the Tenant and the Tenant did not respond. 11. The Landlord’s Agent testified that they had repeatedly attempted to contact the Tenant and the Tenant did not answer the door. On one occasion, the Landlord’s Agent encountered the Tenant in the parking lot, and the Tenant told the Landlord’s Agent that they would contact the Landlord directly to discuss the arrears. The Tenant did not contact the Landlord. 12. The Tenant has two adult children who reside in the unit. As the Tenant did not attend and no other circumstances were presented to me, I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $22,865.00 if the payment is made on or before May 22, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 4  File Number: LTB-L-004797-23 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 22, 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 2023 ONLTB 35445 (CanLII) move out of the rental unit on or before May 22, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $19,439.76. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord 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 Landlord compensation of $54.41 per day for the use of the unit starting April 28, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before May 22, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 23, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord 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 22, 2023, then starting May 23, 2023, the Landlord 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 Landlord on or after May 23, 2023. May 11, 2023 ____________________________ Date Issued Kathleen Wells Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor 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 23, 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 4  File Number: LTB-L-004797-23 *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 35445 (CanLII) A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 22, 2023 Rent Owing To May 31, 2023 $22,664.00 Application Filing Fee $201.00 Total the Tenant must pay to continue the tenancy $22,865.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $20,823.07 Application Filing Fee $201.00 Less the amount of the last month's rent deposit - $1,550.00 Less the amount of the interest on the last month's rent deposit - $34.31 Total amount owing to the Landlord $19,439.76 Plus daily compensation owing for each day of occupation starting $54.41 April 28, 2023 (per day) Order Page: 4 of 4