LTB Order LTB-L-013989-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: M. v K., 2023 ONLTB 33104 2023 ONLTB 33104 (CanLII) Date: 2023-04-28 File Number: LTB-L-013989-23 In the matter of: 228 ARRITA ST Ottawa ON K2S0J7 Between: E.M. Landlord A. K.C.A.T.I.K. Tenant E.M. (the 'Landlord') applied for an order to terminate the tenancy A. evict K. C. A. T. I K. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 17, 2023. The Landlord, the Landlord’s representative T. Jacquard A. the Tenant T. K. attended the hearing. The Tenant KM acknowledged having authority to speak on behalf of the Tenant K. C.. 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 $2,300.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $75.62. This amount is calculated as follows: $2,300.00 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 $16,100.00. The arrears are not disputed by the Tenants. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. Order Page: 1 of 5  File Number: LTB-L-013989-23 8. The Landlord collected a rent deposit of $2,300.00 from the Tenant A. 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. 9. Section 83 requires that I consider all the circumstances, including the Tenants’ A. the Landlord’s situations to determine if it would be appropriate to grant section 83 relief 2023 ONLTB 33104 (CanLII) from eviction. 10. The Landlord noted there are substantial arrears owing, causing financial hardship. The Tenant has a family A. indicated he has suffered health issues that have impacted his employment. The Tenant will be resuming full time employment on April 24 A. does not wish to remain at the rental unit. The Tenant indicated he has a place available starting May 1, but seeks additional time to secure the necessary capital to relocate. 11. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (RTA), including the impact of COVID-19 on the parties A. whether the Landlord attempted to negotiate a repayment agreement with the Tenant, A. find that it would be unfair to grant relief from eviction. 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:  $16,286.00 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $18,586.00 if the payment is made on or before May 15, 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 15, 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 May 15, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $12,901.36. 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 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 $75.62 per day for the use of the unit starting April 18, 2023 until the date the Tenant moves out of the unit. Order Page: 2 of 5  File Number: LTB-L-013989-23 7. If the Tenant does not pay the Landlord the full amount owing on or before May 15, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 16, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before May 15, 2023, then starting May 16, 2023, the 2023 ONLTB 33104 (CanLII) 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 May 16, 2023. April 28, 2023 Date Issued Peter Nicholson 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 November 16, 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-013989-23 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 April 30, 2023 2023 ONLTB 33104 (CanLII) Rent Owing To April 30, 2023 $16,100.00 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 $16,286.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before May 15, 2023 Rent Owing To May 31, 2023 $18,400.00 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 $18,586.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $15,085.54 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 - $2,300.00 Less the amount of the interest on the last month's rent deposit - $70.18 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-013989-23 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $12,901.36 Plus daily compensation owing for each day of occupation starting $75.62 April 18, 2023 (per day) 2023 ONLTB 33104 (CanLII) Order Page: 5 of 5