LTB Order LTB-L-020357-22

2023 ONLTB 46075 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: METJDS Properties Inc. v W., 2023 ONLTB 46075 Date: 2023-06-23 File Number: LTB-L-020357-22 In the matter of: 1, 72 SOUTHDALE AVE KITCHENER ON N2M3V5 Between: METJDS Properties Inc. Landlord And A.W. Tenant METJDS Properties Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict A.W. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 23, 2023. Only the Landlord, Landlord’s representative Fiona C. Douglas attended the hearing. As of 11:50am, 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. Determinations: L1 Application: 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 $1,350.00. It is due on the 1st day of each month. Order Page: 1 of 6  File Number: LTB-L-020357-22 4. Based on the Monthly rent, the daily rent/compensation is $44.38. This amount is calculated as follows: $1,350.00 x 12, divided by 365 days. 5. The Tenant has paid $4,300.00 to the Landlord since the application was filed. 6. The rent arrears owing to February 28, 2023 are $13,750.00. 2023 ONLTB 46075 (CanLII) 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,350.00 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. 9. Interest on the rent deposit, in the amount of $32.47 is owing to the Tenant for the period from September 1, 2021 to February 23, 2023. L2 Application – Hydro Bills 10. The Landlord served the Tenant with N5 notice on February 16, 2022 with a termination date of March 09, 2022 because the Tenants failed to pay the hydro bills for the rental unit under the tenancy. 11. As per the N5 Notice, the Tenants had not paid the hydro bills of $$663.02 for the period from October 10, 2021 to January 11, 2022. 12. The Landlord testified the Tenants are fully responsible for paying the hydro bills for the rental unit under the tenancy and the Tenants have failed to pay the outstanding Hydro bills during the voiding period. 13. The Landlord submitted a copy of the Kitchener-Wilmot Hydro/Enova billing history report to the Board, which establishes that the Tenant has continuously failed to pay the Hydro bills from January 12, 2022, to February 08, 2023 for $2,211.66. The total amount of unpaid utilities to the date of the hearing is $2,874.68. 14. Based on the uncontested evidence before me, I find that the tenancy agreement provides that the Tenant is responsible to pay for hydro utility charges as was claimed in the N5 notice. I find that the failure of the Tenants to pay the Hydro bills by the due date as agreed to in the tenancy agreement substantially interferes with a lawful right, privilege, or interest of the Landlords. 15. The Landlord seeks payment of the water bills as per the N5 notice, an order that the Tenant comply with the terms of his lease regarding the water utility bills, and a termination of the tenancy. Relief From Eviction: Order Page: 2 of 6  File Number: LTB-L-020357-22 16. 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 and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 2023 ONLTB 46075 (CanLII) 17. The Landlord disclosed that the Tenants did not pay the hydro bills every month after the notice was served and had multiple discussions with the Tenants about the unpaid hydro bills. These are not a positive considerations. The Tenants were not present to disclose any circumstances for me to consider delaying or denying eviction. As such, relief will not be granted. It is ordered that: Regarding L1 Application 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: • $19,336.00 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $20,686.00 if the payment is made on or before July 4, 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 July 4, 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 July 4, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $12,224.27. 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 $44.38 per day for the use of the unit starting February 24, 2023 until the date the Tenant moves out of the unit. Order Page: 3 of 6  File Number: LTB-L-020357-22 7. If the Tenant does not pay the Landlord the full amount owing on or before July 4, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 5, 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. 2023 ONLTB 46075 (CanLII) 9. If the unit is not vacated on or before July 4, 2023, then starting July 5, 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 July 5, 2023. Regarding L2 Application 11. On or before July 4, 2023, the Tenant shall also pay the Landlord the Hydro utility bill in the amount of $2,874.68. 12. If the Tenant does not pay the Landlord the full amount owing on or before July 4, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 5, 2023 at 6.00% annually on the balance outstanding. June 23, 2023 ____________________________ Date Issued Percy Laryea Member, 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 January 5, 2024 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: 4 of 6  File Number: LTB-L-020357-22 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 June 30, 2023 2023 ONLTB 46075 (CanLII) Rent Owing To June 30, 2023 $23,450.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $4,300.00 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 $19,336.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before July 4, 2023 Rent Owing To July 31, 2023 $24,800.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $4,300.00 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 $20,686.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $17,720.74 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $4,300.00 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 - $1,350.00 Less the amount of the interest on the last month's rent deposit - $32.47 Order Page: 5 of 6  File Number: LTB-L-020357-22 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 $12,224.27 Plus daily compensation owing for each day of occupation starting $44.38 2023 ONLTB 46075 (CanLII) February 24, 2023 (per day) Order Page: 6 of 6