LTB Order LTB-L-022232-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 62410 (CanLII) Citation: S.L. v S., 2023 ONLTB 62410 Date: 2023-09-18 File Number: LTB-L-022232-23 In the matter of: 215, 795 GRAND A. W C. ON N7L4L3 Between: S.L. L. A. J. S. Tenant S.L. (the 'L.') applied for an order to terminate the tenancy A. evict J. S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on August 1, 2023. The L.’s Agent, Mary McLellan, A. the Tenant 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 $1,132.59. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $37.24. This amount is calculated as follows: $1,132.59 x 12, divided by 365 days. 5. The Tenant has paid $5,249.18 to the L. since the application was filed. 6. The parties agreed that the rent arrears owing to August 31, 2023, are $1,234.52. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. Order Page 1 of 4  File Number: LTB-L-022232-23 8. The L. collected a rent deposit of $1,121.85 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 $2.46 is owing to the Tenant for the period from July 1, 2023 to August 1, 2023. 2023 ONLTB 62410 (CanLII) 10. The parties agreed that the Tenant had until August 21, 2023 to void the order by paying the outstanding arrears of rent A. costs. 11. In light of the parties’ agreement to postpone the eviction or voiding of the order until August 21, 2023, I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act, as due to the date of the issuance of the order the Tenant has until September 29 to void the eviction order. 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: • $2,550.11 if the payment is made on or before September 29, 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 September 29, 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 September 29, 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 $799.14. See Schedule 1 for the calculation of the amount owing. However, the L. is authorized to deduct from the amount owing to the Tenant $37.24 per day for compensation for the use of the unit starting August 2, 2023 until the date the Tenant moves out of the unit. 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 September 29, 2023, then starting September 30, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page 2 of 4  File Number: LTB-L-022232-23 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 September 30, 2023. 2023 ONLTB 62410 (CanLII) September 18, 2023 ____________________________ Date Issued Jana Rozehnal 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 March 31, 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 3 of 4  File Number: LTB-L-022232-23 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 September 29, 2023 2023 ONLTB 62410 (CanLII) Rent Owing To September 30, 2023 $7,616.29 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $5,249.18 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 $2,550.11 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $5,378.07 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $5,249.18 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 - $1,121.85 Less the amount of the interest on the last month's rent deposit - $2.46 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. $(799.14) Plus daily compensation owing for each day of occupation starting $37.24 August 2, 2023 (per day) Order Page 4 of 4