LTB Order LTB-L-034734-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: E. v H., 2023 ONLTB 19815 2023 ONLTB 19815 (CanLII) Date: 2023-02-14 File Number: LTB-L-034734-22 In the matter of: 18 TRAILRIDGE CRES SCARBOROUGH ON M1E4C5 Between: A.M.A.M.E. L. A. D. H. Tenant A.M.A.M.E. (the 'L.') applied for an order to terminate the tenancy A. evict D. H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 31, 2023. The L.’s legal representative, Ferduse Bari , A. M., A. the Tenant attended the hearing. Determinations: 1. The parties agree that the arrears A. costs owing up to January 31, 2023 are $11,976.00. 2. 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. 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent is $2,350.00. It is due on the 1st day of each month. 5. 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 grant relief from eviction pursuant to subsection 83(1)(a) of the Act. 6. 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 grant relief from eviction subject to the conditions set out in this order pursuant to subsection 83(1)(a) A. 204(1) of the Act. It is ordered that: Order Page: 1 of 4  File Number: LTB-L-034734-22 1. The Tenant shall pay to the L. $11,976.00, which represents the arrears of rent A. costs up to January 31, 2023. 2. The L.’s application for eviction of the Tenant is denied on the condition that the Tenant pays the amount identified in paragraph one A. the ongoing rent as follows: 2023 ONLTB 19815 (CanLII) Date of Payment Charge Balance Nature of Payment/Charge Payment/Charge February 1, 2023 $2,350.00 $14,326.00 Rent Charge $1,000.00 $13,326.00 $186.00 Costs A. February 10, 2023 $814.00 Rent February 17, 2023 $1,000.00 $12,326.00 Rent $1,000.00 $11,326.00 $536.00 Rent A. February 24, 2023 $464.00 Arrears March 1, 2023 $2,350.00 $13,676.00 Rent Charge March 3, 2023 $1,000.00 $12,676.00 Rent March 10, 2023 $1,000.00 $11,676.00 Rent $1,000.00 $10,676.00 $350.00 Rent A. March 17, 2023 $650.00 Arrears March 24, 2023 $1,000.00 $9,676.00 Arrears March 31, 2023 $1,000.00 $8,676.00 Arrears April 1, 2023 $2,350.00 $11,026.00 Rent Charge April 7, 2023 $1,000.00 $10,026.00 Rent April 14, 2023 $1,000.00 $9,026.00 Rent $1,000.00 $8,026.00 $350 Rent A. $650 April 21, 2023 Arrears April 28, 2023 $1,000.00 $7026.00 Arrears May 1, 2023 $2,350.00 $9,376.00 Rent Charge Order Page: 2 of 4  File Number: LTB-L-034734-22 May 5, 2023 $1,000.00 $8,376.00 Rent May 12, 2023 $1,000.00 $7,376.00 Rent $1,000.00 $6,376.00 $350 Rent A. $650 2023 ONLTB 19815 (CanLII) May 19, 2023 Arrears May 26, 2023 $1,000.00 $5,376.00 Arrears June 1, 2023 $2,350.00 $7,726.00 Rent Charge June 2, 2023 $1,000.00 $6,726.00 Rent Charge June 9, 2023 $1,000.00 $5,726.00 Rent June 16, 2023 $1,000.00 $4,726.00 Rent $1,000.00 $3,726.00 $350 Rent A. $650 June 23, 2023 Arrears June 30, 2023 $1,000.00 $2,726.00 Arrears July 1, 2023 $2,350.00 $5,076.00 Rent Charge July 7, 2023 $1,000.00 $4,076.00 Rent July 14, 2023 $1,000.00 $3,076.00 Rent $1,000.00 $2,076.00 $350 Rent A. $650 July 21, 2023 Arrears July 28, 2023 $1,000.00 $1,076.00 Arrears August 1, 2023 $2,350.00 $3,426.00 Rent Charge August 4, 2023 $1,000.00 $2,426.00 Rent August 11, 2023 $1,000.00 $1,426.00 Rent $1,000.00 $426.00 $350 Rent A. $650 August 18, 2023 Arrears August 25, 2023 $426.00 $0.00 Arrears Order Page: 3 of 4  File Number: LTB-L-034734-22 3. If there is a rent increase during the course of the above-noted payment plan, the Tenant shall increase the amount of the payment due on August 25, 2023 to bring the balance owing to $0.00. 2023 ONLTB 19815 (CanLII) 4. If the Tenant fails to make any of the payments in accordance with paragraph two A. three, A. by the dates required, then a) The L. may, without notice to the Tenant apply to the Board pursuant to section 78 of the Act for an order terminating the tenancy A. evicting the Tenant A. requiring that the Tenant pay any new arrears, NSF fees A. related charges not accounted for in this order. The L. must make the application within 30 days of a breach of a condition set out in paragraphs two A. three of this order. b) The outstanding balance owing under paragraph one of this order shall become payable on the day following the date of default. The monies owing shall bear interest at the post-judgment interest rate determined under subsection 207(7) of the Act. February 14, 2023 ___________________________ Date Issued Richard Ferriss 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. Order Page: 4 of 4