LTB Order LTB-L-010655-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: DD ACQUISTIONS PARTNERSHIP v D., 2023 ONLTB 39605 2023 ONLTB 39605 (CanLII) Date: 2023-05-24 File Number: LTB-L-010655-22 In the matter of: 203, 490 NELSON AVE BURLINGTON ON L7S1X3 Between: DD ACQUISTIONS PARTNERSHIP Landlord And A.D. Tenant Jorden Mccallum DD ACQUISTIONS PARTNERSHIP (the 'Landlord') applied for an order to terminate the tenancy and evict A.D. and jorden Mccallum (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on August 29, 2022 at 1:00 pm. The Landlord Representative Sara Matthew and the Tenant A.D. attended the hearing. 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 $1,098.38. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $36.11. This amount is calculated as follows: $1,098.38 x 12, divided by 365 days. 5. The Tenant has paid $6,513.00 to the Landlord since the application was filed. 6. The rent arrears owing to August 31, 2022 are $2,221.16. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,018.96 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. Order Page: 1 of 2  File Number: LTB-L-010655-22 9. Interest on the rent deposit, in the amount of $8.07 is owing to the Tenant for the period from January 1, 2022 to August 29, 2022. 10. 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 not be unfair to 2023 ONLTB 39605 (CanLII) grant relief from eviction subject to the conditions set out in this order pursuant to subsection 83(1)(a) and 204(1) of the Act. It is ordered that: 1. The Tenant shall pay to the Landlord $2,407.16 for arrears of rent up to August 31, 2022 and costs. 2. The Tenant shall pay to the Landlord the amount set out in paragraph 1 in accordance with the following schedule: a. On or before September 16, 2022 -$802.30; b. On or before October 16, 2022-$802.30; and c. On or before November 16, 2022 -$802.30. 3. The Tenant shall also pay to the Landlord new rent on time and in full as it comes due and owing for the period September 01, 2022 to November 01, 2022, or until the arrears are paid in full, whichever date is earliest 4. If the Tenant fails to make any one of the payments in accordance with this order, the outstanding balance of any arrears of rent and costs to be paid by the Tenant to the Landlord pursuant to paragraph 1 of this order shall become immediately due and owing and the Landlord may, without notice to the Tenant, apply to the LTB within 30 days of the Tenant's breach pursuant to section 78 of the Act for an order terminating the tenancy and evicting the Tenant and requiring that the Tenant pay any new arrears, NSF fees and related charges that became owing after August 31, 2022. May 24, 2023 Date Issued Kelly Delaney 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 March 26, 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: 2 of 2