LTB Order LTB-L-035711-22

2023 ONLTB 23886 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: 5042246 ONTARIO INC. v Conway, 2023 ONLTB 23886 Date: 2023-03-27 File Number: LTB-L-035711-22 In the matter of: 2, 11 EYRE ST SUDBURY ON P3C4A4 Between: 5042246 ONTARIO INC. Landlord And Tenant Luke Conway 5042246 ONTARIO INC. (the 'Landlord') applied for an order to terminate the tenancy and evict Luke Conway (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 2, 2023. The Landlord and the Tenant attended the hearing. 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. 3. The lawful rent is $1,011.37. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $33.25. This amount is calculated as follows: $1,011.37 x 12, divided by 365 days. 5. The Tenant has paid $9,118.60 to the Landlord since the application was filed. Order Page: 1 of 4  File Number: LTB-L-035711-22 6. The rent arrears owing to February 28, 2023 are $3,746.14. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $975.00 from the Tenant and this deposit is still 2023 ONLTB 23886 (CanLII) 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. 9. Interest on the rent deposit, in the amount of $25.12 is owing to the Tenant for the period from July 17, 2020 to February 2, 2023. Relief From Eviction 10. The Tenant requested that their tenancy be preserved but had no proposal as to how they would pay the rent arrears and did not appear to be able to pay the rent in the future as it fell due. 11. The Landlord was not apposed to have the order voidable 14 days after the date of my order as the Tenant cannot pay the rent on time and cannot pay the arrears. 12. I have considered all of the disclosed circumstances 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 find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The parties agreed that the order would be made voidable 14 days after the date of my order to allow the Tenant the opportunity to pay the arrears of rent. 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: • $4,943.51 if the payment is made on or before March 27, 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 27, 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 March 27, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $1,987.15. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the Order Page: 2 of 4  File Number: LTB-L-035711-22 application. 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 $33.25 per day for the use of the unit starting February 3, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 23886 (CanLII) 7. If the Tenant does not pay the Landlord the full amount owing on or before April 7, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 8, 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 27, 2023, then starting March 28, 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 28, 2023. March 13, 2023 ____________________________ Date Issued Nicola Mulima 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 September 28, 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-035711-22 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 March 27, 2023 2023 ONLTB 23886 (CanLII) Rent Owing To March 31, 2023 $13,876.11 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,118.60 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 $4,943.51 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,919.86 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,118.60 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 - $975.00 Less the amount of the interest on the last month's rent deposit - $25.12 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 $1,987.15 Plus daily compensation owing for each day of occupation starting $33.25 February 3, 2023 (per day) Order Page: 4 of 4