LTB Order LTB-L-036296-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: P. v Sa’d, 2023 ONLTB 71873 2023 ONLTB 71873 (CanLII) Date: 2023-11-01 File Number: LTB-L-036296-23 In the matter of: 706, 10 WILLISON SQ TORONTO ON M5T0A8 Between: X.P. Landlord And C.S. Tenant X.P. (the 'Landlord') applied for an order to terminate the tenancy and evict C. Sa’d (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on October 24, 2023. The Landlord and the Landlord’s son, Fengjia Zhang, attended the hearing. The Landlord provided verbal authority at the hearing for Mr. Zhang to speak on the Landlord’s behalf. As of 10:12 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. 3. The lawful rent is $2,050.00. It is due on the 12th day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $67.40. This amount is calculated as follows: $2,050.00 x 12, divided by 365 days. 5. The Tenant has paid $5,250.00 to the Landlord since the application was filed. 6. The rent arrears owing to November 11, 2023 are $5,000.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page 1 of 5  File Number: LTB-L-036296-23 8. The Landlord collected a rent deposit of $2,000.00 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. 9. Mr. Zhang stated that the Tenant has a history of committing to make rental payments and 2023 ONLTB 71873 (CanLII) then not honouring those commitments. Mr. Zhang gave an example of this happening on May 12, 2023, when the Tenant said she would pay rent for April in 1 to 2 weeks and did not. 10. Mr. Zhang indicated that the Tenant is a professional and does not have dependants. Mr. Zhang stated that in August of 2023, when he requested that rent be paid on time or that the Tenant commit to a payment plan to pay down the arrears, the Tenant’s response was that her income fluctuated. 11. Mr. Zhang stated that the property costs the Landlord approximately $2,100.00 in mortgage and other expenses. He stated that the Landlord is suffering financial hardship as a result of the Tenant’s failure to pay rent. 12. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 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:  $5,186.00 if the payment is made on or before November 11, 2023. See Schedule 1 for the calculation of the amount owing. OR  $7,236.00 if the payment is made on or before November 12, 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 November 12, 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 November 12, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $1,944.80. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the 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. Order Page 2 of 5  File Number: LTB-L-036296-23 6. The Tenant shall also pay the Landlord compensation of $67.40 per day for the use of the unit starting October 25, 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 November 12, 2023, the Tenant will start to owe interest. This will be simple interest calculated 2023 ONLTB 71873 (CanLII) from November 13, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 12, 2023, then starting November 13, 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 November 13, 2023. November 1, 2023 Date Issued Julia Toso 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 May 13, 2024 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 5  File Number: LTB-L-036296-23 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 November 11, 2023 2023 ONLTB 71873 (CanLII) Rent Owing To November 11, 2023 $5,000.00 Application Filing Fee $186.00 NSF Charges $0.00 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 $5,186.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before November 12, 2023 Rent Owing To December 11, 2023 $7,050.00 Application Filing Fee $186.00 NSF Charges $0.00 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 $7,236.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $3,758.80 Application Filing Fee $186.00 NSF Charges $0.00 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 - $2,000.00 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 $1,944.80 Plus daily compensation owing for each day of occupation starting $67.40 October 25, 2023 (per day) Order Page 4 of 5 File Number: LTB-L-036296-23 2023 ONLTB 71873 (CanLII) Order Page 5 of 5