LTB Order LTB-L-032575-22

Order under Section 69 2023 ONLTB 31315 (CanLII) Residential Tenancies Act, 2006 Citation: Mwiwa v Linsford, 2023 ONLTB 31315 Date: 2023-04-19 File Number: LTB-L-032575-22 In the matter of: Basement, 50 SLED DOG RD BRAMPTON ON L6R0J7 Between: B.P. Landlord Eric Mwiwa A. B.P. A. R. L. R. Tenant Ryan R. Linsford Eric Mwiwa (the 'Landlord') applied for an order to terminate the tenancy A. evict R. L. R. A. Ryan R. Linsford (the 'Tenant') because: • the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on February 9, 2023. The Landlord A. the Landlord’s representative Shikha Kapoor. The Landlord’s daughter Rachel Mwiwa attended as a witness for the Landlord Order Page 1 of 4 As of 10 a.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: 2023 ONLTB 31315 (CanLII) 1. As explained below, the Landlord has proven on a balance of probabilities the grounds for termination of the tenancy A. the claim for compensation in the application. Therefore, the tenancy between the Landlord A. the Tenants is terminated as of August 31, 2022. 2. The Tenant was in possession of the rental unit on the date the application was filed. File Number: LTB-L-032575-22 N12 Notice of Termination 3. On June 7, 2022, the Landlord gave the Tenant an N12 notice of termination deemed served on June 8, 2023 with the termination date of August 31, 2022. The Landlord claims that they require vacant possession of the rental unit for the purpose of residential occupation by the Landlord A. his daughter. 4. The Landlord in good faith requires possession of the rental unit for the purpose of their own residential occupation for a period of at least one year. 5. The Landlord has provided evidence that he has compensated the Tenant an amount equal to one month's rent by August 31, 2022 A. has therefore fulfilled the affidavit requirement.. 6. The Tenant was required to pay the Landlord $5,858.63 in daily compensation for use A. occupation of the rental unit for the period from September 1, 2022 to February 9, 2023. 7. Based on the Monthly rent, the daily compensation is $36.16. This amount is calculated as follows: $1,100.00 x 12, divided by 365 days. 8. The Landlord 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. Order Page 2 of 4  Relief from eviction 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'). The Tenant was not in attendance. Based on the uncontested testimony, I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 2023 ONLTB 31315 (CanLII) 11. The Landlord testified that he currently lives in the upper level of the home A. the Tenants reside in the basement. He requires the basement for his daughter to reside in due to his medical condition A. care needs. 12. The Landlord’s daughter testified that she is a nurse A. is able to care for her Father, who has been diagnosed with Parkinson’s disease. Medical evidence was submitted to the Board by the Landlord regarding his 2018 diagnosis. The Landlord now has limited movement A. requires assistance with daily living as he is not stable on his own. The Landlord’s daughter testified that she wished to care for her Father A. being a nurse, she would be able to help assist him with his medical needs. It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated. The Tenant must move out of the rental unit on or before April 30, 2023. File Number: LTB-L-032575-22 2. If the unit is not vacated on or before April 30, 2023, then starting May 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. 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 May 1, 2023. 4. The Tenant shall pay to the Landlord $5,858.63, which represents compensation for the use of the unit from September 1, 2022 to February 9, 2023, less the rent deposit A. interest the Landlord owes on the rent deposit. 5. The Tenant shall also pay the Landlord compensation of $36.16 per day for the use of the unit starting February 10, 2023 until the date the Tenant moves out of the unit. 6. The Tenant shall pay to the Landlord $186.00 for the cost of filing the application. 7. The total amount the Tenant owes the Landlord is $6,230.63. 8. If the Tenant does not pay the Landlord the full amount owing on or before April 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 1, 2023 at 6.00% annually on the balance outstanding. Order Page 3 of 4  April 19, 2023 ____________________________ Date Issued Maria Shaw 2023 ONLTB 31315 (CanLII) Member, Landlord 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. In accordance with section 81 of the Act, the part of this order relating to the eviction of the Tenant expires on November 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. Order Page 4 of 4