LTB Order LTB-L-031297-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: Ontario Aboriginal Housing Support Services Corporation v Borg, 2023 ONLTB 58524 2023 ONLTB 58524 (CanLII) Date: 2023-08-24 File Number: LTB-L-031297-23 In the matter of: 48 Timmins Street Red Rock ON P0T2P0 Between: Ontario Aboriginal Housing Support Services Landlord Corporation and Infinity Property Services an Agency of the Metis Nation of Ontario And Lacey Borg Tenant Ontario Aboriginal Housing Support Services Corporation and Infinity Property Services an Agency of the Metis Nation of Ontario (the 'Landlord') applied for an order to terminate the tenancy and evict Lacey Borg (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on August 16, 2023. The Landlord was represented at the hearing by Lyndsay Dubois. 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. 3. The lawful rent is $234.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $7.69. This amount is calculated as follows: $234.00 x 12, divided by 365 days. 5. The Tenant has paid $702.00 to the Landlord since the application was filed. 6. The rent arrears owing to August 31, 2023, are $2,089.60. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page 1 of 4  File Number: LTB-L-031297-23 8. There is no last month's rent deposit. 9. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 2023 ONLTB 58524 (CanLII) 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:  $2,275.60 if the payment is made on or before August 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $2,509.60 if the payment is made on or before September 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 September 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 September 4, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $2,164.64. 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 $7.69 per day for the use of the unit starting August 17, 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 September 4, 2023, the Tenant will start to owe interest. This will be simple interest calculated from September 5, 2023, at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before September 4, 2023, then starting September 5, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. 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 September 5, 2023. Order Page 2 of 4  File Number: LTB-L-031297-23 August 24, 2023 Date Issued Bryan Delorenzi Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor 2023 ONLTB 58524 (CanLII) 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 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 3 of 4  File Number: LTB-L-031297-23 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 August 31, 2023 2023 ONLTB 58524 (CanLII) Rent Owing To August 31, 2023 $2,791.60 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $702.00 application was filed Total the Tenant must pay to continue the tenancy $2,275.60 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before September 4, 2023 Rent Owing To September 30, 2023 $3,025.60 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $702.00 application was filed Total the Tenant must pay to continue the tenancy $2,509.60 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $2,680.64 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $702.00 application was filed Total amount owing to the Landlord $2,164.64 Plus daily compensation owing for each day of occupation starting $7.69 August 17, 2023 (per day) Order Page 4 of 4