LTB Order LTB-L-012553-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: W. v H., 2023 ONLTB 20940 2023 ONLTB 20940 (CanLII) Date: 2023-02-15 File Number: LTB-L-012553-22 In the matter of: A, 1072 WOODHAVEN DR KINGSTON ON K7P0H7 Between: A.W. Landlord A. R.H.A.R.H. Tenant A.W. (the 'Landlord') applied for an order to terminate the tenancy A. evict R. H. A. R. H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on September 12, 2022. The Landlord, the Landlord’s representative Ian Macinnis A. the Tenant 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 $1,850.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $60.82. This amount is calculated as follows: $1,850.00 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 September 30, 2022 are $25,274.60. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. 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. whether the Landlord attempted to negotiate a repayment agreement with the Order Page: 1 of 5  File Number: LTB-L-012553-22 Tenant A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 10. The Tenant did not dispute the rent arrears of $25,460.60. The Tenant submitted that he had financial difficulties paying the rent due to fewer working hours A. did not qualify for 2023 ONLTB 20940 (CanLII) Canada Emergency Response Benefit (CERB) or unemployment benefits based on his income. The Tenant sought a $1000.00 monthly payment plan. 11. The Landlord expressed doubt about the Tenant's ability to pay $25,460.60 arrears because it is significant, A. he had defaulted on two previous payment plans repayment plan. The Landlord asserts that the $1,000.00 monthly payment plan seems unrealistic A. may put the Tenant in further financial distress. 12. On balance, considering when the hearing was held A. the order is issued, I do not find a further delay reasonable. It is ordered that: 1. The tenancy between the Landlord 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 Landlord or to the LTB in trust:  $33,714.00 if the payment is made on or before February 26, 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 February 26, 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 February 26, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $24,365.84. This amount includes rent arrears owing up to the date of the hearing A. 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 $60.82 per day for the use of the unit starting September 13, 2022 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 February 26, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 27, 2023 at 5.00% 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 February 26, 2023, then starting February 27, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page: 2 of 5  File Number: LTB-L-012553-22 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 February 27, 2023. 2023 ONLTB 20940 (CanLII) February 15, 2023 Date Issued Percy Laryea Member, Landlord 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 August 27, 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 5  File Number: LTB-L-012553-22 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 February 26, 2023 2023 ONLTB 20940 (CanLII) Rent Owing To February 28, 2023 $(33,900.00) 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 $(33,714.00) B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $24,179.84 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 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 $24,365.84 Plus daily compensation owing for each day of occupation starting $60.82 September 13, 2022 (per day) Order Page: 4 of 5 File Number: LTB-L-012553-22 2023 ONLTB 20940 (CanLII) Order Page: 5 of 5