LTB Order LTB-L-020284-22

2023 ONLTB 30629 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: S. v H., 2023 ONLTB 30629 Date: 2023-04-11 File Number: LTB-L-020284-22 In the matter of: UPPER LEVEL, 80 NORTHWOOD DR WELLAND ON L3C6S3 Between: J.S. L. A. D. H. A. K. H. Tenant J.S. (the 'L.') applied for an order to terminate the tenancy A. evict D. H. A. K. H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes A. also because the Tenant has been persistently late in paying the Tenant's rent. This application was heard by videoconference on March 22, 2023. Only the L.’s representative Y. Bhullar attended the hearing. As of 9:44am, the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. As a result, the hearing proceeded with only the L.'s evidence. Determinations: N4/L1 Application 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. Order Page: 1 of 5  File Number: LTB-L-020284-22 3. The lawful rent is $2,200.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $72.33. This amount is calculated as follows: $2,200.00 x 12, divided by 365 days. 5. The Tenant has paid $7,200.00 to the L. since the application was filed. 2023 ONLTB 30629 (CanLII) 6. The rent arrears owing to March 31, 2023 are $20,800.00. 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 $1,600.00 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 $61.61 is owing to the Tenant for the period from March 1, 2020 to March 22, 2023. 10. Section 83 requires that I consider all the circumstances, including the Tenant’s A. the L.’s situations to determine if it would be appropriate to grant section 83 relief from eviction. The L. advised that there are no children living in the rental unit A. that the L. has tried to reach out to the Tenant for a repayment plan, without success. There are substantial arrears owing A. the Tenant did not attend the hearing, A. thus did not provide any evidence that may be relevant to my determination under s. 83. 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. N8/L2 Application 1. The L.’s N8/L2 application was filed in April 2022. The L.’s Form N8 contains a termination date of May 31, 2022 A. was deemed served on March 23, 2022. 2. Rent is due on the 1st day of the month 3. From February 2021 through to March 2022, rent has been paid late or not paid in full in each of those months. Based upon the L.’s uncontested evidence, I find the Tenant has persistently failed to pay the rent on the date it was due. It is ordered that: N4/L1 Application 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. Order Page: 2 of 5  File Number: LTB-L-020284-22 2. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $23,186.00 if the payment is made on or before April 22, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 30629 (CanLII) 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 22, 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 22, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $18,715.65. 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. 6. The Tenant shall also pay the L. compensation of $72.33 per day for the use of the unit starting March 23, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the L. the full amount owing on or before April 22, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 23, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before April 22, 2023, then starting April 23, 2023, the L. 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 L. on or after April 23, 2023. N8/L2 Application 10. In the event the Tenant voids the order as set out in paragraph 2 of the order above, (i) the Tenant shall pay rent to the L. for the months of May 2023 through to April 2024, on or before the 1st day of each A. every month. (ii) If the Tenant fails to make any payment in accordance with paragraph 10(i) of this order, the L. may, without notice to the Tenant, apply to the Board pursuant to section 78 of the Act for an order terminating the tenancy A. evicting the Tenant. The L. must make this application no later than 30 days after the Tenant’s breach of paragraph 10(i) of this order. Order Page: 3 of 5  File Number: LTB-L-020284-22 April 11, 2023 Date ____________________________ Issued Peter Nicholson Member, L. A. Tenant Board 2023 ONLTB 30629 (CanLII) 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 23, 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 A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before April 22, 2023 Rent Owing To April 30, 2023 $30,200.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $7,200.00 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 $23,186.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $27,391.26 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $7,200.00 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 - $1,600.00 Order Page: 4 of 5  File Number: LTB-L-020284-22 Less the amount of the interest on the last month's rent deposit - $61.61 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 2023 ONLTB 30629 (CanLII) Total amount owing to the L. $18,715.65 Plus daily compensation owing for each day of occupation starting $72.33 March 23, 2023 (per day) Order Page: 5 of 5