LTB Order LTB-L-008414-23

2023 ONLTB 45378 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: 12127105 Canada Inc. v N.H., 2023 ONLTB 45378 Date: 2023-06-20 File Number: LTB-L-008414-23 In the matter of: 4, 667 WINDSOR AVE WINDSOR ON N9A1J6 Between: 12127105 Canada Inc. Landlord And N.H. Tenant 12127105 Canada Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict N.H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes (‘L1 application’). The Landlord also applied for an order to terminate the tenancy and evict the Tenant because the Landlord intends to demolish the rental unit (‘L2 application’). This application was heard by videoconference on May 31, 2023. Only the Landlord’s legal representative, Lynn Perillo (‘LP’), attended the hearing. As of 9:53 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 Landlord's evidence. Determinations: 1. The Landlord requested to withdraw the L2 application and the LTB consented to this request. The Landlord proceeded only with the L1 application. 2. 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 Order Page: 1 of 5  File Number: LTB-L-008414-23 arrears owing by the termination date in the N4 Notice or before the date the application was filed. 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent is $532.00. It is due on the 1st day of each month. 2023 ONLTB 45378 (CanLII) 5. Based on the Monthly rent, the daily rent/compensation is $17.49. This amount is calculated as follows: $532.00 x 12, divided by 365 days. 6. The Tenant has not made any payments since the application was filed. 7. The rent arrears owing to May 31, 2023 are $14,364.00. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. 10. LP said that the Landlord has attempted to communicate with the Tenant about arranging a payment plan, without success. Most recently, in the last week the Tenant was given a copy of the notice of hearing and a letter inviting the tenant to contact the Landlord about arranging a payment plan, but the Tenant did not respond. LP was not aware of any other circumstances that should be considered with respect to whether eviction should be delayed or denied. 11. 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 and whether the Landlord attempted to negotiate a repayment agreement with the Tenant, 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 L2 application is withdrawn. 2. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 3. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $15,082.00 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $15,614.00 if the payment is made on or before July 1, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 5  File Number: LTB-L-008414-23 4. 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 July 1, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 5. If the Tenant does not pay the amount required to void this order the Tenant must 2023 ONLTB 45378 (CanLII) move out of the rental unit on or before July 1, 2023 6. If the Tenant does not void the order, the Tenant shall pay to the Landlord $14,550.00. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 7. The Tenant shall also pay the Landlord compensation of $17.49 per day for the use of the unit starting June 1, 2023 until the date the Tenant moves out of the unit. 8. If the Tenant does not pay the Landlord the full amount owing on or before July 1, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 2, 2023 at 6.00% annually on the balance outstanding. 9. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 10. If the unit is not vacated on or before July 1, 2023, then starting July 2, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 11. 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 July 2, 2023. June 20, 2023 ____________________________ Date Issued Mark Melchers 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 January 2, 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. 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 June 30, 2023 Order Page: 3 of 5  File Number: LTB-L-008414-23 Rent Owing To June 30, 2023 $14,896.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 2023 ONLTB 45378 (CanLII) 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 $15,082.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before July 1, 2023 Rent Owing To July 31, 2023 $15,428.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 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 $15,614.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $14,364.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 Order Page: 4 of 5  File Number: LTB-L-008414-23 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 $14,550.00 2023 ONLTB 45378 (CanLII) Plus daily compensation owing for each day of occupation starting $17.49 June 1, 2023 (per day) Order Page: 5 of 5