LTB Order LTB-L-033107-22

2023 ONLTB 19337 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: S. v M., 2023 ONLTB 19337 Date: 2023-02-08 File Number: LTB-L-033107-22 In the matter of: Upper, 108 VICTORIA AVE N HAMILTON ON L8L5E5 Between: D.V.A.M.S. L. A. J. T. A. K. M. Tenant D.V.A.M.S. (the 'L.') applied for an order to terminate the tenancy A. evict J. T. A. K. M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 31, 2023 at 09:00 am. The L. M. S. A. the Tenant J. T. 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 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 $2,479.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $81.50. This amount is calculated as follows: $2,479.00 x 12, divided by 365 days. 5. The Tenant has paid $1,500.00 to the L. since the application was filed. 6. The rent arrears owing to January 31, 2023 are $1,017.60. Order Page: 1 of 4  File Number: LTB-L-033107-22 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $2,450.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 2023 ONLTB 19337 (CanLII) 9. Interest on the rent deposit, in the amount of $50.04 is owing to the Tenant for the period from October 1, 2021 to January 31, 2023. 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 February 28, 2023 pursuant to subsection 83(1)(b) of the Act. 11. The parties agree that the Tenant had attempted to make payments but the L. refused to accept them stating that he was frustrated with the Tenant continually paying the rent late. 12. The Tenant further testified that if he were given to the end of February 2023, he would be able to clear the remaining arears. Accordingly, based on this testimony A. I determined a postponement was warranted given the circumstances. 13. The L. is directed to accept all rent A. arrears payments made by the Tenant. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $3,683.50 if the payment is made on or before February 28, 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 February 28, 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 February 28, 2023 5. As of the date of the hearing, the amount of the rent deposit A. interest the L. owes on the rent deposit exceeds the arrears of rent, compensation A. the cost of filing the application the L. is entitled to by $1,296.64. See Schedule 1 for the calculation of the amount owing. However, the L. is authorized to deduct from the amount owing to the Tenant $81.50 per day for compensation for the use of the unit starting February 1, 2023 until the date the Tenant moves out of the unit. Order Page: 2 of 4  File Number: LTB-L-033107-22 6. If the Tenant does not pay the L. the full amount owing on or before February 19, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 20, 2023 at 5.00% annually on the balance outstanding. 7. The L. or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 2023 ONLTB 19337 (CanLII) 8. If the unit is not vacated on or before February 28, 2023, then starting March 1, 2023, the L. 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 L. on or after March 1, 2023. February 8, 2023 ____________________________ Date Issued Kelly Delaney 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. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on September 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: 3 of 4  File Number: LTB-L-033107-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before February 28, 2023 2023 ONLTB 19337 (CanLII) Rent Owing To February 28, 2023 $4,997.50 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $1,500.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the L. 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 $3,683.50 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $2,517.60 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $1,500.00 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 - $2,450.00 Less the amount of the interest on the last month's rent deposit - $50.04 Less the amount the L. 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 L. $(1,296.84) Plus daily compensation owing for each day of occupation starting $81.50 February 1, 2023 (per day) Order Page: 4 of 4