LTB Order LTB-L-015904-22

Order under Section 69 2023 ONLTB 26216 (CanLII) Residential Tenancies Act, 2006 Citation: Batson-Jemmott v L. J., 2023 ONLTB 26216 Date: 2023-03-21 File Number: LTB-L-015904-22 In the matter of: 1018 TANGUAY CRT KANATA ON K2L3X5 Between: J. S. Batson-Jemmott Landlord And K.L.J. Tenant J.S.B. (the 'Landlord') applied for an order to terminate the tenancy and evict K.L.J. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on September 28, 2022. The Landlord and 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. As of the hearing date, the lawful rent is $1,700.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $55.89. This amount is calculated as follows: $1,700.00 x 12, divided by 365 days. 5. As of the hearing date, the Tenant had not made any payments since the application was filed. 6. The rent arrears owing to September 30, 2022 are $11,900.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord is not holding a 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'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. Order Page: 1 of 4  File Number: LTB-L-015904-22 10. The Tenant takes the position that it is the Landlord’s fault that she is in arrears because she offered to pay the Landlord $1,000.00 for the rent in March 2022 but that the Landlord refused. The Tenant stated that when she then offered the Landlord $1,400.00, she again refused to accept the money. 11. The lawful monthly rent is $1,700.00. The amounts the Tenants offered to pay the Landlord was less than the amount of the lawful monthly rent. Even had the Landlord accepted these amounts, the 2023 ONLTB 26216 (CanLII) Tenant would still be in arrears. 12. The Tenant has no source of income. She acknowledged that the only way she could afford to remain in the rental unit is if she would get a roommate. She was unable to state how much time she would need to secure a roommate or how she could pay the arrears or the ongoing rent in the meantime. 13. I do not believe it is the Landlord’s responsibility to find a roommate for the Tenant. I believe it would be overly unfair to the Landlord to grant the Tenant relief from eviction given the arrears are substantial and the Tenant is unable to pay the rent or arrears. Six months have passed since the hearing. I am satisfied the Tenant has had sufficient time to secure alternative accommodation. 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: • $22,286.00 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $23,986.00 if the payment is made on or before April 1, 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 April 1, 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 April 1, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $11,950.00. 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 $55.89 per day for the use of the unit starting September 29, 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 April 1, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 2, 2023 at 5.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-015904-22 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 1, 2023, then starting April 2, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 2023 ONLTB 26216 (CanLII) 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 2, 2023. March 21, 2023 Date Issued 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 2, 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 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before March 31, 2023 Rent Owing To March 31, 2023 $22,100.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the application - $0.00 was filed Less the amount the Tenant paid into the LTB since the application was - $0.00 filed Less the amount the Landlord owes the Tenant for an{abatement/rebate} - $0.00 Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $22,286.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before April 1, 2023 Rent Owing To April 30, 2023 $23,800.00 Order Page: 3 of 4  File Number: LTB-L-015904-22 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the application - $0.00 was filed 2023 ONLTB 26216 (CanLII) Less the amount the Tenant paid into the LTB since the application was - $0.00 filed Less the amount the Landlord owes the Tenant for an{abatement/rebate} - $0.00 Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $23,986.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,764.92 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the application - $0.00 was filed Less the amount the Tenant paid into the LTB since the application was - $0.00 filed Less the amount of the last month's rent deposit - $0.00 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 {abatement/rebate} - $0.00 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $11,950.92 Plus daily compensation owing for each day of occupation starting $55.89 (per September 29, 2022 day) Order Page: 4 of 4