LTB Order LTB-L-017330-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Hu v Choudhry, 2023 ONLTB 20318 2023 ONLTB 20318 (CanLII) Date: 2023-02-10 File Number: LTB-L-017330-22 In the matter of: 940 ATLANTIC BLVD WATERLOO ON N2K4L5 Between: D.O.A.Y.H. L. A. A. M. Tenant Muhammad Umair Choudhry Sereen M. D.O.A.Y.H. (the 'L.') applied for an order to terminate the tenancy A. evict A. M., Muhammad Umair Choudhry A. Sereen M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The L. also applied for an order to terminate the tenancy A. evict the Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the L. or another tenant. This application was heard by videoconference on February 7, 2023. Only the L.’s Legal Representative Ling Xi attended the hearing. As of 10:00 a.m., 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 L.'s evidence 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. The L.’s Legal Representative tendered a copy of the lease agreement at the hearing which showed this is a joint tenancy. 3. The lawful rent is $2,499.00. It is due on the 10th day of each month. Order Page: 1 of 5  File Number: LTB-L-017330-22 4. Based on the Monthly rent, the daily rent/compensation is $82.16. This amount is calculated as follows: $2,499.00 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 February 9, 2023 are $29,988.00. 2023 ONLTB 20318 (CanLII) 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 $2,499.00 from the Tenant A. this deposit is still 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 $45.39 is owing to the Tenant for the period from November 10, 2021 to February 7, 2023. 10. The L.’s Legal Representative was not aware of any factors to be considered with respect to relief from eviction. 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 L. attempted to negotiate a repayment agreement with the Tenant A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 11. At the hearing, the L.’s Legal Representative requested that the L2 application be withdrawn. An order will be issued accordingly It is ordered that: 1. The L.’s L2 application is withdrawn. 2. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. 3. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust:  $32,673.00 if the payment is made on or before February 21, 2023. See Schedule 1 for the calculation of the amount owing. 4. 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 21, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 5. 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 21, 2023. 6. If the Tenant does not void the order, the Tenant shall pay to the L. $27,513.25. 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 L. owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 5  File Number: LTB-L-017330-22 7. The Tenant shall also pay the L. compensation of $82.16 per day for the use of the unit starting February 8, 2023 until the date the Tenant moves out of the unit. 8. If the Tenant does not pay the L. the full amount owing on or before February 21, 2023, the Tenant will start to owe interest. This will be simple interest calculated 2023 ONLTB 20318 (CanLII) from February 22, 2023 at 5.00% annually on the balance outstanding. 9. If the unit is not vacated on or before February 21, 2023, then starting February 22, 2023, the L. 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 L. on or after February 22, 2023. February 10, 2023 Date Issued Heather Chapple 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 August 22, 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-017330-22 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 21, 2023 2023 ONLTB 20318 (CanLII) Rent Owing To March 9, 2023 $32,487.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 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 $32,673.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $29,871.64 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 - $2,499.00 Less the amount of the interest on the last month's rent deposit - $45.39 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. $27,513.25 Plus daily compensation owing for each day of occupation starting $82.16 February 8, 2023 (per day) Order Page: 4 of 5 File Number: LTB-L-017330-22 2023 ONLTB 20318 (CanLII) Order Page: 5 of 5