LTB Order LTB-L-029162-22

Order under Section 69 2023 ONLTB 17249 (CanLII) Residential Tenancies Act, 2006 Citation: R. v G., 2023 ONLTB 17249 Date: 2023-01-30 File Number: LTB-L-029162-22 In the matter of: 127, 130 CONWAY DR LONDON ON N6E3M9 Between: A.R.A.A.R. L. A. A. G. Tenant A.R.A.A.R. (the 'L.') applied for an order to terminate the tenancy A. evict A. G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 18, 2023 at 9:00 a.m. The L., represented by Robert Fex, a licensed Paralegal, 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 2. paying the amount of rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent is $850.00. It is due on the 1st day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $27.95. This amount is calculated as follows: $850.00 x 12, divided by 365 days. 6. The Tenant has not made any payments since the application was filed. 7. The rent arrears owing to January 31, 2023 are $8,500.00. 8. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs.  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'), A. find that it would not be unfair to postpone the eviction until March 31, 2023 pursuant to subsection 83(1)(b) of the Act. 2023 ONLTB 17249 (CanLII) Order Page: 1 of 2 File Number: LTB-L-029162-22 11. At the hearing the Tenant consented to vacate the rental unit on or before March 31, 2023. 12. At the hearing the Tenant consented to pay the L. the sum of $200.00 per month commencing July 1, 2023 A. the 1st day of each month up to A. including December 1, 2023. 13. At the hearing the Tenant consented to pay the L. the full amount outstanding on or before December 31, 2023. 14. I am satisfied that the Tenant understood the terms. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated March 31, 2023. The Tenant must move out of the rental unit on or by March 31, 2023. 2. The Tenant shall pay the L. compensation of $27.95 per day for the use of the unit starting January 19, 2023 until the date the Tenant moves out of the unit. 3. If the Tenant does not pay the L. the full amount owing on or before February 10, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 11, 2023 at 5.00% annually on the balance outstanding. 4. The L. or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 5. If the unit is not vacated on or before March 31, 2023, then starting April 1, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 6. 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 1, 2023. January 30, 2023 ____________________________ Date Issued Peter Pavlovic 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. 2023 ONLTB 17249 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on October 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.