LTB Order LTB-L-007580-23

2023 ONLTB 71405 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: The Effort Trust Company v H., 2023 ONLTB 71405 Date: 2023-11-17 File Number: LTB-L-007580-23 In the matter of: 19, 154 ERB ST E WATERLOO ON N2J1M4 Between: The Effort Trust Company Landlord And A.H. Tenant The Effort Trust Company (the 'Landlord') applied for an order to terminate the tenancy and evict A.H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on August 1, 2023. The Landlord’s Agent, Oana Stanila, and the Landlord’s Representative, Kimberly Holleran, attended the hearing. The also Tenant attended the hearing. Determinations: Preliminary Issue: Request for Adjournment by the Tenant 1. The Tenant requested an adjournment. The Tenant stated that the reason why the Tenant did not pay rent was because of a heating issue. The Tenant stated that they need additional time to properly raise section 82 because they are still waiting for a report from a Waterloo City By-Law officer about that issue. 2. A tenant who intends to raise issues under section 82 of the Residential Tenancies Act, 2006 (the ‘Act’) during a hearing on a landlord’s application about rent arrears must provide the Landlord and the LTB with (a) a written description of each issue the tenant intends to raise; and (b) a copy of all documents, pictures and other evidence that the tenant intends to rely upon at the hearing. This information must be provided at least 7 days prior to the scheduled hearing. Order Page 1 of 4  File Number: LTB-L-007580-23 3. A Notice of Hearing was emailed to the Tenant on April 27, 2023. The Tenant had since that time to comply with the disclosure requirements outlined in paragraph 11 of this order but declined to do so. 4. The Landlord’s position is that the Tenant did not notify the Landlord in time to raise the section 82 issue. The Landlord’s position is that the Tenant is not out of time and can 2023 ONLTB 71405 (CanLII) obtain the report from the Waterloo By-Law officer and bring a separate application. The Landlord’s Representative stated that this should not hinder the Landlord’s ability to proceed with their application today. 5. At the hearing, I found that the application should proceed on the merits. L1 Application 6. 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. 7. As of the hearing date, the Tenant was still in possession of the rental unit. 8. The lawful rent is $1,638.00. It is due on the 1st day of each month. 9. Based on the Monthly rent, the daily rent/compensation is $53.85. This amount is calculated as follows: $1,638.00 x 12, divided by 365 days. 10. The Tenant has paid $11,200.00 to the Landlord since the application was filed. 11. The rent arrears owing to August 31, 2023 are $3,228.00. 12. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 13. The Landlord collected a rent deposit of $1,599.00 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. 14. Interest on the rent deposit, in the amount of $41.95 is owing to the Tenant for the period from July 15, 2022 to August 1, 2023. 15. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Act, including the attempts that the Landlord hade in order to work with the Tenant to pay rent, and 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. Order Page 2 of 4  File Number: LTB-L-007580-23 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $8,328.00 if the payment is made on or before November 28, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 71405 (CanLII) 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 November 28, 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 November 28, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $188.90. 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 $53.85 per day for the use of the unit starting August 2, 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 November 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from November 29, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 28, 2023, then starting November 29, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. 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 November 29, 2023. November 17, 2023 ____________________________ Date Issued Julia Toso 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 May 15, 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-007580-23 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before November 28, 2023 2023 ONLTB 71405 (CanLII) Rent Owing To November 30, 2023 $19,342.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $11,200.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord 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 $8,328.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $12,843.85 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $11,200.00 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 - $1,599.00 Less the amount of the interest on the last month's rent deposit - $41.95 Less the amount the Landlord 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 Landlord $188.90 Plus daily compensation owing for each day of occupation starting $53.85 August 2, 2023 (per day) Order Page 4 of 4