LTB Order LTB-L-028892-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: T.C.H.C. v T., 2023 ONLTB 19651 2023 ONLTB 19651 (CanLII) Date: 2023-02-06 File Number: LTB-L-028892-22 In the matter of: 601, 2999 JANE ST NORTH YORK ON M3N2J9 Between: T.C.H.C. Landlord And L.T. Tenant T.C.H.C. (the 'Landlord') applied for an order to terminate the tenancy and evict L.T. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. Only the Landlord's Legal Representative, Rahel Abera, attended the hearing. As of 1:55 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. With respect to the N4 lumping together amounts owing for the period May 2020 through March 2022, when questioned how the Tenant would know the case to meet, specifically what was paid when, the Landlord's Legal Representative advised that the Tenant was sent reminder letters basically on a monthly basis as to what was owing. Based on the Representative’s uncontested testimony, I find the notice meets the test in Ball v. Metro Capital Property, [2002] O.J. No. 5931, which requires the Tenant to have sufficient knowledge about the case they are to defend against. Such knowledge can come from supplemental documents as found by the court in Re Bhagwandin and Wright ((1988), 65 O.R. (2d) 204 (C.A.) (Lacourciere, Blair and Grange, JJ.A.)) 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent is $313.00. It is due on the 1st day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $10.29. This amount is calculated as follows: $313.00 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-028892-22 6. The Tenant has not made any payments since the application was filed. 7. The rent arrears owing to January 31, 2023 are $5,908.00. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 19651 (CanLII) 9. There is no last month's rent deposit. 10. 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. The Tenant did not attend the hearing to offer any other considerations and has not made and payments to the Landlord. 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:  $8,911.00 if the payment is made on or before February 17, 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 February 17, 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 February 17, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $8,470.22. 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. 6. The Tenant shall also pay the Landlord compensation of $10.29 per day for the use of the unit starting January 19, 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 February 17, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 18, 2023 at 5.00% 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. 9. If the unit is not vacated on or before February 17, 2023, then starting February 18, 2023, the Landlord 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-028892-22 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 February 18, 2023. February 6, 2023 Date Issued Diane Wade 2023 ONLTB 19651 (CanLII) Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor T. 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 18, 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 and continue the tenancy if the payment is made on or before February 17, 2023 Rent Owing To February 28, 2023 $8,725.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 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 $8,911.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $8,284.22 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 3 of 4  File Number: LTB-L-028892-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $8,470.22 Plus daily compensation owing for each day of occupation starting $10.29 January 19, 2023 (per day) 2023 ONLTB 19651 (CanLII) Order Page: 4 of 4