LTB Order LTB-L-012374-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 35929 (CanLII) Citation: P. L. He v Teresa Connors, 2023 ONLTB 35929 Date: 2023-05-09 File Number: LTB-L-012374-23 In the matter of: 20 VILLAGE GATE DR WASAGA BEACH ON L9Z0J7 Between: P.L.H.A.Z.J.Y. L. A. R. G. A. Tenant Teresa Connors P.L.H.A.Z.J.Y. (the 'L.') applied for an order to terminate the tenancy A. evict R. G. A. Teresa Connors (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 26, 2023. Only the L.’s legal representative, Jing Zhu, attended the hearing. Determinations: 1. The L. 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 $2,400.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $78.90. This amount is calculated as follows: $2,400.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to April 30, 2023 are $12,000.00. Order Page: 1 of 4  File Number: LTB-L-012374-23 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $2,400.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 2023 ONLTB 35929 (CanLII) 9. Interest on the rent deposit, in the amount of $53.75 is owing to the Tenant for the period from June 4, 2022 to April 26, 2023. 10. The L.’s legal representative submitted the L. A. the Tenants had a discussion 2 days before the hearing, where the Tenants stated they had $11,000.00 they could pay towards the arrears, however the Tenants did not follow through on their offer. 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 A., including submissions from the L.’s legal representative that the Tenant has 1 child, preteen age living with them, but does not have any persons with special needs that the Board needs to consider living with them, A. whether the L. attempted to negotiate a repayment agreement with the Tenant. Given the quantum of the arrears A. the fact that no payment has been made since the L. filed the application, I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 12. I have considered all of the evidence presented at the hearing A. all of the oral testimony A. although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 13. This order contains all reasons for the determinations A. order made. No further reasons will be issued. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $14,586.00 if the payment is made on or before May 20, 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 May 20, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. Order Page: 2 of 4  File Number: LTB-L-012374-23 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 May 20, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $9,383.65. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the L. owes on the rent deposit are 2023 ONLTB 35929 (CanLII) 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 L. compensation of $78.90 per day for the use of the unit starting April 27, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the L. the full amount owing on or before May 20, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 21, 2023 at 6.00% annually on the balance outstanding. 8. The L. 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 May 20, 2023, then starting May 21, 2023, the L. 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 L. on or after May 21, 2023. May 9, 2023 ____________________________ Date Issued Greg Brocanier Member, L. A. 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 November 21, 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. *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 Order Page: 3 of 4  File Number: LTB-L-012374-23 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before May 20, 2023 2023 ONLTB 35929 (CanLII) Rent Owing To May 31, 2023 $14,400.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. 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 $14,586.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,651.40 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 - $2,400.00 Less the amount of the interest on the last month's rent deposit - $53.75 Less the amount the L. 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 L. $9,383.65 Plus daily compensation owing for each day of occupation starting $78.90 April 27, 2023 (per day) Order Page: 4 of 4