LTB Order LTB-L-015228-22

2023 ONLTB 30206 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: N. v P., 2023 ONLTB 30206 Date: 2023-04-06 File Number: LTB-L-015228-22 In the matter of: 4, 1146 COLLEGE ST TORONTO ON M6H1B6 Between: T.N. Landlord And A.P. Tenant T.N. (the 'Landlord') applied for an order to terminate the tenancy and evict A.P. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 31, 2023. Only the Landlord’s agent (family member), Christian N., and the Landlord’s legal representative, Bita DiLisi, attended the hearing. As of 9:45AM, 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. The Tenant did not join the proceedings for the remainder of the hearing block. 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 $2,000.00. It is due on the 20th day of each month. Order Page: 1 of 4  File Number: LTB-L-015228-22 4. Based on the Monthly rent, the daily rent/compensation is $65.75. This amount is calculated as follows: $2,000.00 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 March 31, 2023 are $36,000.00. 2023 ONLTB 30206 (CanLII) 7. Pursuant to subsection 207 of the Residential Tenancies Act, 2006 (the ‘Act’), the Board’s monetary jurisdiction to order rent arrears where a tenancy is terminated is $35,000.00. A tenant may, however, be required to pay more than this amount to void an eviction order for non-payment of rent: Horstein et al v. Royal Bank of Canada, 2010 ONSC 3134 (Div. Ct.) (CanLII). 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $2,000.00 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. 10. The Landlord’s legal representative testified that she personally attempted to negotiate with the Tenant a settlement of the Tenant’s rental arrears through August 2022. The Landlord’s legal representative also attempted to speak with the Tenant on January 6, 2023, February 3, 2023, February 28, 2023, March 17, 2023 and March 21, 2023. When the Landlord’s legal representative was able to connect with the Tenant, the latter was not open to negotiating a settlement. 11. Based on the evidence, I find pursuant to subsection 83(6) of the Residential Tenancies Act, 2006 (the ‘Act’) that the Landlord, through his legal representative, attempted to resolve the application by way negotiated settlement. 12. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Act. The Landlord’s agent testified that the rent arrears have caused the Landlord financial hardship. The Tenant did not attend the hearing to give evidence of their circumstances, or to contest the Landlord’s application. 13. In the circumstances, I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 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: • $37,435.25 if the payment is made on or before April 17, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 4  File Number: LTB-L-015228-22 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 April 17, 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 2023 ONLTB 30206 (CanLII) move out of the rental unit on or before April 17, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $34,101.07. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and 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 $65.75 per day for the use of the unit starting April 1, 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 April 17, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 18, 2023 at 6.00% 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 April 17, 2023, then starting April 18, 2023, the Landlord 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 Landlord on or after April 18, 2023. April 6, 2023 ____________________________ Date Issued Harry Cho Vice Chair, 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 October 18, 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. Schedule 1 SUMMARY OF CALCULATIONS Order Page: 3 of 4  File Number: LTB-L-015228-22 A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before April 17, 2023 Rent Owing To April 19, 2023 $37,249.25 Application Filing Fee $186.00 NSF Charges $0.00 2023 ONLTB 30206 (CanLII) 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 $37,435.25 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date (March 31, 2023) $36,000.00 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 of the last month's rent deposit - $2,000.00 Less the amount of the interest on the last month's rent deposit - $4.93 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 $34,181.07 Plus daily compensation owing for each day of occupation starting $65.75 (per April 1, 2023 day to a maximum of $35,186.00) Order Page: 4 of 4