LTB Order LTB-L-037666-23

2023 ONLTB 73790 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: OZ Property Management (Ontario) Ltd. v D., 2023 ONLTB 73790 Date: 2023-11-08 File Number: LTB-L-037666-23 In the matter of: 501, 508 Mohawk Road East Hamilton Ontario L8V2J1 Between: OZ Property Management (Ontario) Ltd. Landlord And R.D. Tenant OZ Property Management (Ontario) Ltd. (the 'Landlord') applied for an order to terminate the tenancy and evict R.D. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on September 28, 2023. Only the Landlord’s Representative Samuel Korman attended the hearing. As of 12:04 pm, 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 $1,300.16. It is due on the 1st day of each month. Order Page 1 of 4  File Number: LTB-L-037666-23 4. Based on the Monthly rent, the daily rent/compensation is $42.74. This amount is calculated as follows: $1,300.16 x 12, divided by 365 days. 5. The Tenant has paid $2,950.00 to the Landlord since the application was filed. 6. The rent arrears owing to September 30, 2023 are $4,883.16. 2023 ONLTB 73790 (CanLII) 7. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,400.00 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. Interest on the rent deposit, in the amount of $147.48 is owing to the Tenant for the period from May 1, 2017 to September 28, 2023. 10. 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. 11. The Landlord spoke to the Tenant about a payment plan, but the Tenant said they planned to move out. 12. The Landlord was not aware of any reason to grant relief from eviction. 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: • $7,682.48 if the payment is made on or before November 19, 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 19, 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 19, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $3,431.24. 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-037666-23 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 $42.74 per day for the use of the unit starting September 29, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 73790 (CanLII) 7. If the Tenant does not pay the Landlord the full amount owing on or before November 19, 2023, the Tenant will start to owe interest. This will be simple interest calculated from November 20, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 19, 2023, then starting November 20, 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 20, 2023. November 8, 2023 ____________________________ Date Issued James Campbell 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 20, 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 4  File Number: LTB-L-037666-23 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 19, 2023 2023 ONLTB 73790 (CanLII) Rent Owing To November 30, 2023 $10,431.48 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,950.00 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 $7,682.48 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $7,727.72 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,950.00 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 - $1,400.00 Less the amount of the interest on the last month's rent deposit - $147.48 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 $3,431.24 Plus daily compensation owing for each day of occupation starting $42.74 September 29, 2023 (per day) Order Page 4 of 4