LTB Order LTB-L-037884-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Hillcrest Properties 1 Ltd v S., 2023 ONLTB 21860 2023 ONLTB 21860 (CanLII) Date: 2023-02-28 File Number: LTB-L-037884-22 In the matter of: 1, 85 JOHN ST S HAMILTON ON L8N2C2 Between: Hillcrest Properties 1 Ltd Landlord And N.S. Tenant Hillcrest Properties 1 Ltd (the 'Landlord') applied for an order to terminate the tenancy and evict N.S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 15, 2023. Only the Landlord’s Agent, Andrew Smith, attended the hearing. As of 9:31 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 $1,089.17. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $35.81. This amount is calculated as follows: $1,089.17 x 12, divided by 365 days. 5. The Tenant has paid $7,248.00 to the Landlord since the application was filed. 6. The rent arrears owing to February 27, 2023, are $5,216.54. Order Page: 1 of 5  File Number: LTB-L-037884-22 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 $1,050.00 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 2023 ONLTB 21860 (CanLII) the tenancy if the tenancy is terminated. 9. Interest on the rent deposit, in the amount of $31.37 is owing to the Tenant for the period from May 31, 2021 to February 15, 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 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. 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:  $4,476.94 if the payment is made on or before February 27, 2023. See Schedule 1 for the calculation of the amount owing. OR  $5,566.11 if the payment is made on or before March 11, 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 11, 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 11, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $2,843.55. 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. 6. The Tenant shall also pay the Landlord compensation of $35.81 per day for the use of the unit starting February 16, 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 11, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 12, 2023, at 5.00% annually on the balance outstanding. Order Page: 2 of 5  File Number: LTB-L-037884-22 8. If the unit is not vacated on or before March 11, 2023, then starting March 12, 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 2023 ONLTB 21860 (CanLII) possession of the unit to the Landlord on or after March 12, 2023. February 28, 2023 Date Issued Michael Di Salle 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 September 12, 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 5  File Number: LTB-L-037884-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 21860 (CanLII) A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before February 27, 2023 Rent Owing To February 27, 2023 $11,538.94 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,248.00 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 $4,476.94 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before March 11, 2023 Rent Owing To March 27, 2023 $12,628.11 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,248.00 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 $5,566.11 Order Page: 4 of 5  File Number: LTB-L-037884-22 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $10,986.92 Application Filing Fee $186.00 NSF Charges $0.00 2023 ONLTB 21860 (CanLII) Less the amount the Tenant paid to the Landlord since the - $7,248.00 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 - $1,050.00 Less the amount of the interest on the last month's rent deposit - $31.37 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 $2,843.55 Plus daily compensation owing for each day of occupation starting $35.81 February 16, 2023 (per day) Order Page: 5 of 5