LTB Order LTB-L-033670-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 30231 (CanLII) Citation: S. v D., 2023 ONLTB 30231 Date: 2023-04-06 File Number: LTB-L-033670-22 In the matter of: Room #2 Main Floor, 202 Albert Street Oshawa Ontario L1H4R5 Between: F.S. Landlord And R.D. Tenant F.S. (the 'Landlord') applied for an order to terminate the tenancy and evict R. D. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 31, 2023. Only the Landlord attended the hearing. As of 10:21AM, 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. The Tenant did not join the proceedings for the remainder of the hearing block. 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. Order Page: 1 of 4  File Number: LTB-L-033670-22 3. The lawful rent is $595.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $19.56. This amount is calculated as follows: $595.00 x 12, divided by 365 days. 5. The Tenant has paid $4,965.00 to the Landlord since the application was filed. 2023 ONLTB 30231 (CanLII) 6. The rent arrears owing to March 31, 2023, are $9,780.00. 7. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. The Landlord testified that he attempted to discuss the Tenant’s rent arrears with the Tenant to negotiate a resolution. The Tenant refused to address the matter with the Landlord. 10. Based on the evidence adduced at the hearing, I find pursuant to subsection 83(6) of the Residential Tenancies Act, 2006 (the ‘Act’) that the Landlord attempted to resolve the Tenant’s rent arrears by way of negotiated settlement. 11. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Act, and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The Tenant did not attend the hearing to give evidence of his circumstances, or to dispute the Landlord’s application. 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: • $10,576.00 if the payment is made on or before April 17, 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 April 17, 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 April 17, 2023 5. If the tenancy is terminated, the Tenant shall pay the Landlord $9,981.00. This amount represents rent and compensation payable for the period ending March 31, 2023 and the Landlord’s Board filing costs, less the amount of the rent deposit and interest the Landlord owes on the rent deposit. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 4  File Number: LTB-L-033670-22 6. The Tenant shall also pay the Landlord $19.56 per day for compensation for the use of the unit starting April 1, 2023 until the date the Tenant moves out of the unit. 7. If the full amount the Tenant must pay is not paid before April 17, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 18 at 6.00% annually on the balance outstanding. 2023 ONLTB 30231 (CanLII) 8. If the unit is not vacated on or before April 17, 2023, then starting April 18, 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 April 18, 2023. April 6, 2023 ____________________________ Date Issued Harry Cho Vice Chair, 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 October 18, 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-033670-22 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 April 17, 2023 2023 ONLTB 30231 (CanLII) Rent Owing To April 30, 2023 $15,340.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $4,965.00 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 $10,576.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date (March 31, 2023) $14,745.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $4,965.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ 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} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $9,9,81.00 Plus daily compensation owing for each day of occupation starting $19.56 (per day) Order Page: 4 of 4