LTB Order LTB-L-032699-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: O.C.H. v A., 2023 ONLTB 64388 2023 ONLTB 64388 (CanLII) Date: 2023-09-29 File Number: LTB-L-032699-23 In the matter of: 489 MARLIN PVT O. ON K1T2Y6 Between: O.C.H. Landlord And S.A. Tenant O.C.H. (the 'Landlord') applied for an order to terminate the tenancy and evict S.A. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on September 12, 2023. Only the Landlord’s Representative Anne-Marie Choquette attended the hearing. As of 2:38pm, 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 $493.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $16.21. This amount is calculated as follows: $493.00 x 12, divided by 365 days. 5. The Tenant has paid $1,833.00 to the Landlord since the application was filed. 6. The rent arrears owing to September 30, 2023 are $2,595.00. The Landlord applied several retroactive rent reductions totalling $7,947.00 on July 11, 2023 to reduce the total arrears owing ($10,549.00) according to their ledger submitted and also claimed this amount in their update sheet and in the hearing. I have allowed the Landlord to amend their application accordingly under Rule of Procedure 15.4 as it is appropriate, would not prejudice any party, and is consistent with a fair and expeditious proceeding. Order Page 1 of 5  File Number: LTB-L-032699-23 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. I have considered all of the disclosed circumstances in accordance with subsection 83(2) 2023 ONLTB 64388 (CanLII) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until October 31, 2023 pursuant to subsection 83(1)(b) of the Act. The rent arrears are minimal so delaying the eviction 3 weeks provides the Tenant some more time to void this order and preserve their tenancy. This is also a long-term tenancy of 9.5 years so I would delay the eviction for this reason as well to provide the Tenant some more time to find another place to live if they do not void this order. 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:  $2,781.00 if the payment is made on or before September 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $3,274.00 if the payment is made on or before October 31, 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 October 31, 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 October 31, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $2,296.52. 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 $16.21 per day for the use of the unit starting September 13, 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 October 31, 2023, the Tenant will start to owe interest. This will be simple interest calculated from November 1, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before October 31, 2023, then starting November 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page 2 of 5  File Number: LTB-L-032699-23 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 November 1, 2023. September 29, 2023 Date Issued Elan Shemtov 2023 ONLTB 64388 (CanLII) 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 May 1, 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-032699-23 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 30, 2023 2023 ONLTB 64388 (CanLII) Rent Owing To September 30, 2023 $4,428.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,833.00 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 $2,781.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before October 31, 2023 Rent Owing To October 31, 2023 $4,921.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,833.00 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 $3,274.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $3,943.52 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,833.00 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 - $0.00 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 4 of 5  File Number: LTB-L-032699-23 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $2,296.52 Plus daily compensation owing for each day of occupation starting $16.21 September 13, 2023 (per day) 2023 ONLTB 64388 (CanLII) Order Page 5 of 5