LTB Order LTB-L-025710-22

2023 ONLTB 20614 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: C. v S., 2023 ONLTB 20614 Date: 2023-03-10 File Number: LTB-L-025710-22 In the matter of: BASEMENT UNIT A, 74 GLENDOWER CIRCT SCARBOROUGH ON M1T2Z4 Between: H.C. Landlord And T.S. Tenant H.C. (the 'Landlord') applied for an order to terminate the tenancy and evict T.S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 5, 2023. The Landlord, the Landlord’s Legal Representative, Yun Tau Li, attended the hearing. Jimmy Li attended the hearing as a witness for the Landlord. As of 2:16 p.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 Landlord's evidence. 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. The Tenant was incarcerated, and JL, who is the Landlord’s son testified that the Landlord has been Order Page: 1 of 4  File Number: LTB-L-025710-22 informed by the Tenant’s social worker that the Tenant will arrange for a time to collect his belongings with the police, but the Tenant has not done so, and has not returned the keys to the unit. 3. The lawful rent is $1,200.00. It is due on the 1st day of each month. 2023 ONLTB 20614 (CanLII) 4. Based on the Monthly rent, the daily rent/compensation is $39.45. This amount is calculated as follows: $1,200.00 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 January 31, 2023 are $12,000.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. I have considered all of the disclosed circumstances in accordance with subsection 83 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 the Landlord did attempt to negotiate repayment of the arrears of rent. In making this finding I considered the Landlord’s Legal Representative’s submissions that the Landlord reached out to the Tenant and the Tenant did not respond. As the Tenant did not attend and no other circumstances were presented to me, I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 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: • $13,386.00 if the payment is made on or before March 21, 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 March 21, 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 March 21, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $11,183.25. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 4  File Number: LTB-L-025710-22 6. The Tenant shall also pay the Landlord compensation of $39.45 per day for the use of the unit starting January 6, 2023 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 March 21, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 22, 2023 at 5.00% annually on the balance outstanding. 2023 ONLTB 20614 (CanLII) 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 March 21, 2023, then starting March 22, 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 March 22, 2023. March 10, 2023 ____________________________ Date Issued Kathleen Wells 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 September 1, 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 Order Page: 3 of 4  File Number: LTB-L-025710-22 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 March 21, 2023 2023 ONLTB 20614 (CanLII) Rent Owing To March 31, 2023 $15,400.00 Application Filing Fee $186.00 Total the Tenant must pay to continue the tenancy $15,586.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $10,997.25 Application Filing Fee $186.00 Total amount owing to the Landlord $11,183.25 Plus daily compensation owing for each day of occupation starting $39.45 January 6, 2023 (per day) Order Page: 4 of 4