LTB Order LTB-L-015862-23

2023 ONLTB 38975 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: C. C. v L. T., 2023 ONLTB 38975 Date: 2023-05-23 File Number: LTB-L-015862-23 In the matter of: 54 WEST 25TH ST HAMILTON ON L9C4X1 Between: C.C.A.C.V. L. A. L. T. A. R. M. Tenant C.C.A.C.V. (the 'L.') applied for an order to terminate the tenancy A. evict L. T. A. R. M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 10, 2023. The Landlords A. the Tenant, L. T. 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 $2,203.75. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $72.45. This amount is calculated as follows: $2,203.75 x 12, divided by 365 days. 5. The Tenant has paid $6,211.25 to the L. since the application was filed. Order Page: 1 of 5  File Number: LTB-L-015862-23 6. The rent arrears owing to May 31, 2023 are $1,600.00. 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 $2,150.00 from the Tenant A. this deposit is still 2023 ONLTB 38975 (CanLII) 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. 9. Interest on the rent deposit, in the amount of $104.61 is owing to the Tenant for the period from October 9, 2019 to May 10, 2023. 10. The Tenant stated that she is able to pay the remaining arrears by the end of May 2023. As such I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. 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 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: • $1,786.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $3,989.75 if the payment is made on or before June 2, 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 June 2, 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 June 2, 2023 5. As of the date of the hearing, the amount of the rent deposit A. interest the L. owes on the rent deposit exceeds the arrears of rent, compensation A. the cost of filing the application the L. is entitled to by $1,947.86. See Schedule 1 for the calculation of the amount owing. However, the L. is authorized to deduct from the amount owing to the Tenant $72.45 per day for compensation for the use of the unit starting May 11, 2023 until the date the Tenant moves out of the unit. Order Page: 2 of 5  File Number: LTB-L-015862-23 6. The L. or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 7. If the unit is not vacated on or before June 2, 2023, then starting June 3, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 2023 ONLTB 38975 (CanLII) 8. 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 June 3, 2023. May 23, 2023 ____________________________ Date Issued Nicole Huneault 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 December 3, 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 5  File Number: LTB-L-015862-23 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 31, 2023 2023 ONLTB 38975 (CanLII) Rent Owing To May 31, 2023 $7,811.25 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $6,211.25 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 $1,786.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before June 2, 2023 Rent Owing To June 30, 2023 $10,015.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $6,211.25 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 $3,989.75 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $6,332.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $6,211.25 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 - $2,150.00 Less the amount of the interest on the last month's rent deposit - $104.61 Order Page: 4 of 5  File Number: LTB-L-015862-23 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. $(1,947.86) Plus daily compensation owing for each day of occupation starting $72.45 2023 ONLTB 38975 (CanLII) May 11, 2023 (per day) Order Page: 5 of 5