LTB Order LTB-L-034287-22

2023 ONLTB 25470 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Wu v H., 2023 ONLTB 25470 Date: 2023-03-09 File Number: LTB-L-034287-22 In the matter of: 84 SCOTIA RD Georgina ON L0E1R0 Between: S.W. Landlord And D.H. Tenant S.W. (the 'Landlord') applied for an order to terminate the tenancy and evict D.H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on February 1, 2023. Only the Landlord and the Landlord’s legal representative, Y. Qi, attended the hearing. The Landlord was assisted by her daughter, A. Mo. 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: 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-034287-22 3. The lawful rent is $2,700.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $88.77. This amount is calculated as follows: $2,700.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 2023 ONLTB 25470 (CanLII) 6. The rent arrears owing to February 28, 2023 are $28,170.00. 7. The Landlord is entitled to $20.00 to reimburse the Landlord for administration charges and bank fees the Landlord incurred as a result of a cheque given by or on behalf of the Tenant which was returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $2,700.00 from the Tenant and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 10. Interest on the rent deposit, in the amount of $61.80 is owing to the Tenant for the period from August 27, 2021 to February 1, 2023. 11. The Landlord said that they had correspondence with the Tenant in June 2022 about repayment. The Landlord said that she understood the Tenant would start paying $500.00 towards the arrears on July 15, 2022, but the Tenant did not pay. The Landlord’s legal representative said that they sent follow up emails about the agreement on October 24, and November 11, 2022, but there was no reply at all. The Landlord’s legal representative also said that the update was sent to the Tenant on January 23, 2023, but there has been no communication from the Tenant. The Landlord requests a standard termination order. 12. I have considered all of the disclosed circumstances above in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant, and I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. In particular, the Tenant has not replied to the Landlord since June 2022, despite the arrears increasing each month. The arrears are substantial, and they are now approaching the jurisdictional limit of the Board. I find that the tenancy is no longer viable, the arrears are increasing, and it is prejudicial to the Landlord for the tenancy to continue. 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: Order Page: 2 of 4  File Number: LTB-L-034287-22 • $31,076.00 if the payment is made on or before March 20, 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 March 20, 2023 but before the Court Enforcement Office (Sheriff) 2023 ONLTB 25470 (CanLII) 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 March 20, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $23,002.97. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $88.77 per day for the use of the unit starting February 2, 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 March 20, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 21, 2023 at 5.00% annually on the balance outstanding. 8. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before March 20, 2023, then starting March 21, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. 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 March 21, 2023. March 9, 2023 ____________________________ Date Issued Nancy Morris 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 September 21, 2023 if the order has not been filed on or before this date with the Court Order Page: 3 of 4  File Number: LTB-L-034287-22 Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if 2023 ONLTB 25470 (CanLII) the payment is made on or before March 20, 2023 Rent Owing To March 31, 2023 $30,870.00 Application Filing Fee $186.00 NSF Charges $20.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 $31,076.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $25,558.77 Application Filing Fee $186.00 NSF Charges $20.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 - $2,700.00 Less the amount of the interest on the last month's rent deposit - $61.80 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 $23,002.97 Plus daily compensation owing for each day of occupation starting $88.77 February 2, 2023 (per day) Order Page: 4 of 4