LTB Order LTB-L-037269-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: T.C.H.C. v M., 2023 ONLTB 22481 2023 ONLTB 22481 (CanLII) Date: 2023-03-03 File Number: LTB-L-037269-22 In the matter of: 211, 2999 JANE ST NORTH YORK ON M3N2J9 Between: T.C.H.C. Landlord And A.M. Tenant T.C.H.C. (the 'Landlord') applied for an order to terminate the tenancy and evict A.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 13, 2023. Only the Landlord’s agent, Irma Halili, 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 $446.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $14.66. This amount is calculated as follows: $446.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to February 28, 2023 are $4,906.00. 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-037269-22 8. There is no last month's rent deposit. 9. The Landlord’s agent submitted that the Tenant has five children between the ages of two and fourteen years of age. The Landlord has staff on site to support Tenant and help them with payment arrangement when the Tenants fall into arrears. The Tenant has refused 2023 ONLTB 22481 (CanLII) help from the Landlord on site staff and given no reasons as to why. 10. The Tenant has been in the rental unit since September 2007. 11. The Landlord is seeking a standard order for eviction and payment of arrears. RELIEF FROM EVICTION 12. The arrears of rent owing are approximately equal to ten months rent. The Tenant has made no payment on the arrears or payment of rent since the application was filed with the Board. While the Tenant is refusing assistance form the Landlord’s on site staff, I have considered the Tenant’s situation with respect to her children, and considered the long tenancy between the Landlord and the Tenant. In the absence of the Tenant to provide any testimony as to why she is refusing assistance or to provide testimony with respect to a request for an extended eviction date, I find it reasonable under s. 83 to afford the Tenant time to pay down the arrears or contact the Landlord in order to work out a payment arrangement. 13. 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 not be unfair to postpone the eviction until March 31, 2023 pursuant to subsection 83(1)(b) of the Act. 14. I have considered all of the evidence presented at the hearing and all of the oral testimony and although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 15. This order contains all reasons for the determinations and order made. No further reasons will be issued. 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:  $5,538.00 if the payment is made on or before March 31, 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 Order Page: 2 of 5  File Number: LTB-L-037269-22 that became due after March 31, 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 31, 2023 2023 ONLTB 22481 (CanLII) 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $4,836.58. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $14.66 per day for the use of the unit starting February 14, 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 14, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 15, 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 31, 2023, then starting April 1, 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 April 1, 2023. March 3, 2023 Date Issued Greg Brocanier Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor T. 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 October 1, 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 3 of 5  File Number: LTB-L-037269-22 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 31, 2023 2023 ONLTB 22481 (CanLII) Rent Owing To March 31, 2023 $5,352.00 Application Filing Fee $186.00 NSF Charges $0.00 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 $5,538.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $4,650.58 Application Filing Fee $186.00 NSF Charges $0.00 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 - $0.00 application was filed Less the amount of the last month's rent deposit -$ 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 $4,836.58 Plus daily compensation owing for each day of occupation starting $14.66 February 14, 2023 (per day) Order Page: 4 of 5 File Number: LTB-L-037269-22 2023 ONLTB 22481 (CanLII) Order Page: 5 of 5