LTB Order LTB-L-005245-22

2023 ONLTB 50457 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: P. v H., 2023 ONLTB 50457 Date: 2023-07-10 File Number: LTB-L-005245-22 In the matter of: 2570 Bur Oak Avenue Markham ON L4B1J5 Between: T.P.A.A.S. L. A. M. H. Tenant T.P.A.A.S. (the 'L.') applied for an order to terminate the tenancy A. evict M. H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes (the L1 application). The L. also applied for an order to terminate the tenancy A. evict the Tenant because the Tenant has been persistently late in paying the Tenant's rent (L2 application). This application was heard by videoconference on April 28, 2023. Only the L. A. the L.’ legal representative, Sassa Emam, attended the hearing. As of 10:00 a.m., the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the L.’ evidence. Determinations: 1. The L. served the Tenant with a valid Notice to End Tenancy Early for Nonpayment 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-005245-22 2. The L. served the Tenant with a valid Notice to End Tenancy for Persistent Late Payment of Rent (N8 Notice). The Tenant has persistently failed to pay the rent on the date it was due in accordance with the pleadings set out in the N8 Notice. 3. As of the hearing date, the Tenant was still in possession of the rental unit. 2023 ONLTB 50457 (CanLII) 4. The lawful rent is $2,120.00. It is due on the first day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $69.70. This amount is calculated as follows: $2,120.00 x 12, divided by 365 days. 6. The Tenant has not made any payments since the application was filed to the date of the hearing. 7. The rent arrears owing to April 30, 2023 are $38,160.00. The L. waived the arrears of rent in excess of the LTB’s monetary jurisdiction of $35,000.00. 8. The L. incurred costs of $202.15 for filing the application A. is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties A. whether the L. attempted to negotiate a repayment agreement with the Tenant A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 11. Specifically, with respect to the L1 application there were no circumstances demonstrative of relief from eviction. With respect to the L2 application at the hearing Sassa Emam requested a probationary order under section 78 of the Act, requiring the Tenant to pay their rent on time from June 1, 2023 to May 1, 2024 should the Tenant void the L1 portion of the order. However, on July 6, 2023 the L. submitted a written unsolicited posthearing submission from which I infer that the L. mean that the arrears of rent continue to mount unabated since the hearing date, which caused the L. to state in the submission: “The loss is eating away at my mental peace A. causing me so much stress that I cannot sleep or eat or live life as I don’t know how we can recoup these losses”. On the basis of this new circumstance, I determined that it would be inappropriate A. unduly prejudicial to the L. to grant relief with respect to the L2 application. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. The Tenant must move out of the rental unit on or before July 21, 2023. 2. If the unit is not vacated on or before July 21, 2023, then starting July 22, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page 2 of 4  File Number: LTB-L-005245-22 3. 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 July 22, 2023. 4. The Tenant shall pay $35,000.00 to the L. in consideration both of the arrears of rent owing to July 31, 2023 A. the L.’ cost to file the application. 2023 ONLTB 50457 (CanLII) 5. If the Tenant does not pay the L. the full amount owing on or before July 21, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 22, 2023 at 6.00% annually on the balance outstanding. 6. The Tenant shall also pay the L. compensation of $69.70 per day for the use of the unit starting April 29, 2023 until the date the Tenant moves out of the unit. July 10, 2023 ____________________________ Date Issued Sean Henry Vice Chair, Landlord A. 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 January 22, 2024 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-005245-22 2023 ONLTB 50457 (CanLII) Order Page 4 of 4