LTB Order LTB-L-009753-23

2023 ONLTB 29353 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: N.A.K. v A.A.M.M., 2023 ONLTB 29353 Date: 2023-06-06 File Number: LTB-L-009753-23 In the matter of: Upper Unit, 59 ELYSIAN FIELDS CIR BRAMPTON ON L6Y6E8 Between: N.A.K. Landlord And A.A.M.M. Tenant N.A.K. (the 'Landlord') applied for an order to terminate the tenancy and evict A. A. M. M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 27, 2023. Only the Landlord and the Landlord’s daughter Leena K. attended the hearing. As of 2:15 p.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 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 $3,500.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $115.07. This amount is calculated as follows: $3,500.00 x 12, divided by 365 days. 5. The Tenant has paid $2,000.00 to the Landlord since the application was filed. Order Page: 1 of 4  File Number: LTB-L-009753-23 6. The rent arrears owing to March 31, 2023 are $44,500.00. 7. Based on the Landlord’s uncontested evidence, I am satisfied on a balance of probabilities that as of the hearing date, the Tenant owed the Landlord $44,686.00, including arrears of rent to March 31, 2023 and the application filing fee. Since the hearing, three months’ rent has become due and that rent is included in the total owing in this order. Accordingly, as of 2023 ONLTB 29353 (CanLII) the date of this order, the Tenant owes the Landlord $55,186.00, including arrears of rent to June 30, 2023 and the application filing fee. If, since the hearing, the Tenant paid the Landlord rent or made any other payments to the Landlord, the Landlord shall deduct those payments from the total owing in this order. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $3,500.00 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. 10. Interest on the rent deposit, in the amount of $113.92 is owing to the Tenant for the period from June 1, 2021 to March 27, 2023. The Board’s Monetary Jurisdiction 11. The amount claimed by the Landlord exceeds the monetary jurisdiction of the Board. Section 207(1) of the Residential Tenancies Act, 2006 (the ‘Act’), limits the monetary jurisdiction of the Board to that of the Small Claims Court. At this time that amount is $35,000.00. 12. The Landlord was advised of this limitation and agreed to waive any amount that exceeds the Boards monetary jurisdiction. The Landlord was also advised of section 207(3) which states if the party allows the Board to proceed and order any amount up to the maximum amount that party extinguishes the right in excess of the Board’s monetary jurisdiction. The Landlord acknowledged this and agreed to allow the Board to determine the amount, if any, that is outstanding and issue an order accordingly. Section 83 Considerations 13. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1)(a) of the Act. The Tenant failed to attend the hearing to provide evidence of their circumstances and the Landlord testified that they are unaware of any circumstances that would cause me to delay or deny an eviction. 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-009753-23 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $55,186.00 if the payment is made on or before June 17, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 29353 (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 June 17, 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 June 17, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $35,186.00. 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 $115.07 per day for the use of the unit starting March 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 June 17, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 18, 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 June 17, 2023, then starting June 18, 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 June 18, 2023. June 6, 2023 ____________________________ Date Issued Alicia Johnson 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 December 18, 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-009753-23 *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 29353 (CanLII) A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before June 17, 2023 Rent Owing To June 30, 2023 $57,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,000.00 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 $55,186.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $46,106.89 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,000.00 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 - $3,500.00 Less the amount of the interest on the last month's rent deposit - $113.92 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 $35,186.00 Plus daily compensation owing for each day of occupation starting $115.07 March 28, 2023 (per day) Order Page: 4 of 4