LTB Order LTB-L-010891-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 62570 (CanLII) Citation: S. v B., 2023 ONLTB 62570 Date: 2023-09-18 File Number: LTB-L-010891-22 In the matter of: 6, 1023 CHURCHILL AVE OAKVILLE ON L6H2A7 Between: B.S. Landlord And H.B. Tenant B.S. (the 'Landlord') applied for an order to terminate the tenancy and evict H.B. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on September 8, 2023. It was previously adjourned August 30, 2022. Only the Landlord and Landlord’s support Amanda S. Kelsi (his daughter) attended the hearing. As of 9:15 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 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 $1,640.00. It is due on the 1st day of each month. Order Page 1 of 4  File Number: LTB-L-010891-22 4. Based on the Monthly rent, the daily rent/compensation is $53.92. This amount is calculated as follows: $1,640.00 x 12, divided by 365 days. 5. The Tenant has paid $16,300.00 to the Landlord since the application was filed. 6. The rent arrears owing to September 30, 2023 are $20,590.00. 2023 ONLTB 62570 (CanLII) 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. At the last hearing, the matter was adjourned to provide the Tenant with an opportunity to explore options for financial assistance. He stated that he was on a pension and his roommate had moved out. 10. The Landlord testified that he has spoken with the Tenant multiple times regarding the rent arrears and the possibility of funding assistance from the region, and that the Tenant said he was “working on it.” 11. The Landlord stated that when he delivered the N1 Notice of Rent Increase to the Tenant for the February rent increase, the Tenant said he would pay him. The Tenant continued to make payments of $1,600.00, the previous amount. 12. 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. The rent arrears are considerable, and while the Tenant has been paying some rent, it is not the full amount, and the arrears from the time preceding the first hearing remain outstanding. It would be unfair to the Landlord to delay further, as the Tenant was given a year from the original hearing date to obtain assistance with the arrears and has not done so. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $20,776.00 if the payment is made on or before September 29, 2023. See Schedule 1 for the calculation of the amount owing. 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 September 29, 2023 but before the Court Enforcement Office Order Page 2 of 4  File Number: LTB-L-010891-22 (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 September 29, 2023 2023 ONLTB 62570 (CanLII) 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $19,567.36. 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. 6. The Tenant shall also pay the Landlord compensation of $53.92 per day for the use of the unit starting September 9, 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 September 29, 2023, the Tenant will start to owe interest. This will be simple interest calculated from September 30, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before September 29, 2023, then starting September 30, 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 September 30, 2023. September 18, 2023 ____________________________ Date Issued Margo den Haan 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 30, 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-010891-22 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 September 29, 2023 2023 ONLTB 62570 (CanLII) Rent Owing To September 30, 2023 $36,890.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $16,300.00 application was filed Total the Tenant must pay to continue the tenancy $20,776.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $35,681.36 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $16,300.00 application was filed Total amount owing to the Landlord $19,567.36 Plus daily compensation owing for each day of occupation starting $53.92 September 9, 2023 (per day) Order Page 4 of 4