LTB Order LTB-L-032242-23

2023 ONLTB 62053 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: D. v M. K., 2023 ONLTB 62053 Date: 2023-09-18 File Number: LTB-L-032242-23 In the matter of: 228, 399 SPRING GARDEN AVE NORTH YORK ON M2N3H6 Between: K.D. Landlord And A.M.K. Tenant K.D. (the 'Landlord') applied for an order to terminate the tenancy and evict A. M. Kazen (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on August 31, 2023. Only the Landlord and the Landlord’s Legal Representative E. Page attended the hearing. As of 2:35 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 requested to correct the Tenant’s last name in the application from ‘Kazen’ to ‘K.’. Since the N4 spelt the Tenant’s name correctly, I conceded to the request. The application is amended to spell the Tenant’s name as A.M.K.. 2. 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. 3. As of the hearing date, the Tenant was still in possession of the rental unit. Order Page 1 of 5  File Number: LTB-L-032242-23 4. The lawful rent is $2,074.60. It is due on the 20th day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $66.54. This amount is calculated as follows: $2,024.00 x 12, divided by 365 days. Due to a rent increase from September 20, 2023, the daily compensation will be $68.21. This amount is calculated as follows: $2,074.60 x 12, divided by 365 days. 2023 ONLTB 62053 (CanLII) 6. The Tenant has not made any payments since the application was filed. 7. The rent arrears owing to September 19, 2023 are $12,144.00. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $2,024.00 from the Tenant and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 10. Interest on the rent deposit, in the amount of $47.97 is owing to the Tenant for the period from September 20, 2022 to August 31, 2023. 11. 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 was not present at the hearing to present his circumstances. The Landlord has attempted to reach out to the Tenant but there has been no response from the Tenant. 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: • $12,330.00 if the payment is made on or before September 19, 2023. See Schedule 1 for the calculation of the amount owing. OR • $14,404.60 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 Order Page 2 of 5  File Number: LTB-L-032242-23 (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 2023 ONLTB 62053 (CanLII) 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $8,965.99 This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $66.54 per day for the use of the unit from September 1, 2023 till September 19, 2021 and then $68.21 per day for the use of the unit starting September 20, 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 29, 2023, the Tenant will start to owe interest. This will be simple interest calculated from September 30, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before September 29, 2023, then starting September 30, 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 30, 2023. September 18, 2023 ____________________________ Date Issued Sheena Brar 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 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 5  File Number: LTB-L-032242-23 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 September 19, 2023 2023 ONLTB 62053 (CanLII) Rent Owing To September 19, 2023 $12,144.00 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 $12,330.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before September 29, 2023 Rent Owing To October 19, 2023 $14,218.60 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 $14,404.60 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $10,851.97 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 - $2,024.00 Less the amount of the interest on the last month's rent deposit - $47.97 Order Page 4 of 5  File Number: LTB-L-032242-23 Less the amount the Landlord 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 Landlord $8,965.99 Plus daily compensation owing for each day of occupation starting $66.54 2023 ONLTB 62053 (CanLII) September 1, 2023 till September 19, 2023 (per day) Plus daily compensation owing for each day of occupation starting $68.21 from September 20, 2023 (per day) Order Page 5 of 5