LTB Order LTB-L-033764-22

2023 ONLTB 18997 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: R. v G., 2023 ONLTB 18997 Date: 2023-02-07 File Number: LTB-L-033764-22 In T. matter of: UNIT 2, 60 ROBINSON CRES WHITBY ON L1N6W5 Between: T.E.O.S.R. Landlord Kimberley R. (executor) And S.G. Tenant T.E.O.S.R. and Kimberley R. (executor) (T. 'Landlord') applied for an order to terminate T. tenancy and evict S.G. (T. 'Tenant') because T. Tenant did not pay T. rent that T. Tenant owes. This application was heard by videoconference on January 31, 2023. Only T. Landlord’s Representative, Carrie Aylwin, attended T. hearing. As of 9:53am, T. Tenant was not present or represented at T. hearing although properly served with notice of this hearing by T. LTB. There was no record of a request to adjourn T. hearing. As a result, T. hearing proceeded with only T. Landlord's evidence. Determinations: 1. T. Landlord served T. Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). T. Tenant did not void T. notice by paying T. amount of rent arrears owing by T. termination date in T. N4 Notice or before T. date T. application was filed. 2. As of T. hearing date, T. Tenant was still in possession of T. rental unit. 3. T. lawful rent is $1,350.00. It is due on T. 1st day of each month. 4. Based on T. Monthly rent, T. daily rent/compensation is $44.38. This amount is calculated as follows: $1,350.00 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-033764-22 5. T. Tenant has not made any payments since T. application was filed. 6. T. rent arrears owing to January 31, 2023 are $21,600.00. 7. T. Landlord incurred costs of $186.00 for filing T. application and is entitled to reimbursement of those costs. 2023 ONLTB 18997 (CanLII) 8. There is no last month's rent deposit. 9. I have considered all of T. disclosed circumstances in accordance with subsection 83(2) of T. Residential Tenancies Act, 2006 (T. 'Act'), including T. impact of COVID-19 on T. parties and whether T. Landlord attempted to negotiate a repayment agreement with T. Tenant, and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of T. Act. It is ordered that: 1. T. tenancy between T. Landlord and T. Tenant is terminated unless T. Tenant voids this order. 2. T. Tenant may void this order and continue T. tenancy by paying to T. Landlord or to T. LTB in trust: • $23,136.00 if T. payment is made on or before February 18, 2023. See Schedule 1 for T. calculation of T. amount owing. 3. T. Tenant may also make a motion at T. LTB to void this order under section 74(11) of T. Act, if T. Tenant has paid T. full amount owing as ordered plus any additional rent that became due after February 18, 2023 but before T. Court Enforcement Office (Sheriff) enforces T. eviction. T. Tenant may only make this motion once during T. tenancy. 4. If T. Tenant does not pay T. amount required to void this order T. Tenant must move out of T. rental unit on or before February 18, 2023 5. If T. Tenant does not void T. order, T. Tenant shall pay to T. Landlord $21,786.00. This amount includes rent arrears owing up to T. date of T. hearing and T. cost of filing T. application. See Schedule 1 for T. calculation of T. amount owing. 6. T. Tenant shall also pay T. Landlord compensation of $44.38 per day for T. use of T. unit starting February 1, 2023 until T. date T. Tenant moves out of T. unit. 7. If T. Tenant does not pay T. Landlord T. full amount owing on or before February 18, 2023, T. Tenant will start to owe interest. This will be simple interest calculated from February 19, 2023 at 5.00% annually on T. balance outstanding. 8. T. Landlord or T. Tenant shall pay to T. other any sum of money that is owed as a result of this order. 9. If T. unit is not vacated on or before February 18, 2023, then starting February 19, 2023, T. Landlord may file this order with T. Court Enforcement Office (Sheriff) so that T. eviction may be enforced. Order Page: 2 of 4  File Number: LTB-L-033764-22 10. Upon receipt of this order, T. Court Enforcement Office (Sheriff) is directed to give vacant possession of T. unit to T. Landlord on or after February 19, 2023. February 7, 2023 ____________________________ 2023 ONLTB 18997 (CanLII) Date Issued Robert Brown 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 T. Act, T. part of this order relating to T. eviction expires on August 19, 2023 if T. order has not been filed on or before this date with T. Court Enforcement Office (Sheriff) that has territorial jurisdiction where T. rental unit is located. *Note: When T. Board directs payment-out, T. Canadian Imperial Bank of Commerce will issue a cheque to T. appropriate party named in this notice. T. cheque will be in T. amount directed plus any interest accrued up to T. date of T. notice Order Page: 3 of 4  File Number: LTB-L-033764-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount T. Tenant must pay to void T. eviction order and continue T. tenancy if T. payment is made on or before February 18, 2023 2023 ONLTB 18997 (CanLII) Rent Owing To February 28, 2023 $22,950.00 Application Filing Fee $186.00 NSF Charges $0.00 Less T. amount T. Tenant paid to T. Landlord since T. - $0.00 application was filed Less T. amount T. Tenant paid into T. LTB since T. - $0.00 application was filed Less T. amount T. Landlord owes T. Tenant for - $0.00 an{abatement/rebate} Less T. amount of T. credit that T. Tenant is entitled to - $0.00 Total T. Tenant must pay to continue T. tenancy $23,136.00 B. Amount T. Tenant must pay if T. tenancy is terminated Rent Owing To Hearing Date $21,600.00 Application Filing Fee $186.00 NSF Charges $0.00 Less T. amount T. Tenant paid to T. Landlord since T. - $0.00 application was filed Less T. amount T. Tenant paid into T. LTB since T. - $0.00 application was filed Less T. amount of T. last month's rent deposit -$ Less T. amount of T. interest on T. last month's rent deposit - $0.00 Less T. amount T. Landlord owes T. Tenant for an - $0.00 {abatement/rebate} Less T. amount of T. credit that T. Tenant is entitled to - $0.00 Total amount owing to T. Landlord $21,786.00 Plus daily compensation owing for each day of occupation starting $44.38 February 1, 2023 (per day) Order Page: 4 of 4