LTB Order LTB-L-038347-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Homestead Land Holdings Limited v Kerr, 2023 ONLTB 21992 2023 ONLTB 21992 (CanLII) Date: 2023-02-23 File Number: LTB-L-038347-22 In the matter of: 501, 1000 MOUNT PLEASANT RD TORONTO ON M4P2M2 Between: Homestead Land Holdings Limited Landlord And Denise Kerr and Roger Kerr Tenant Homestead Land Holdings Limited (the 'Landlord') applied for an order to terminate the tenancy and evict Denise Kerr and Roger Kerr (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 14, 2023 at 1:00 p.m. Only the Landlord, represented by Kimberly Adam, a licensed Paralegal/employee, attended the hearing. As of 1:26 p.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 $1,753.06. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $57.63. This amount is calculated as follows: $1,753.06 x 12, divided by 365 days. 5. The Tenant has paid $11,325.00 to the Landlord since the application was filed. 6. The rent arrears owing to February 28, 2023 are $2,126.60. 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-038347-22 8. The Landlord collected a rent deposit of $1,687.74 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 $29.94 is owing to the Tenant for the period 2023 ONLTB 21992 (CanLII) from June 1, 2022 to February 14, 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. The Tenant did not attend the hearing to present evidence or submissions in support of granting relief from eviction and no circumstances were disclosed at the hearing or appeared in the Board file. 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:  $2,312.60 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR  $4,065.66 if the payment is made on or before March 6, 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 6, 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 6, 2023 5. As of the date of the hearing, the amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent, compensation and the cost of filing the application the Landlord is entitled to by $351.32. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $57.63 per day for compensation for the use of the unit starting February 15, 2023 until the date the Tenant moves out of the unit. 6. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 7. If the unit is not vacated on or before March 6, 2023, then starting March 7, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page: 2 of 5  File Number: LTB-L-038347-22 8. 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 7, 2023. February 23, 2023 Date Issued Peter Pavlovic 2023 ONLTB 21992 (CanLII) 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 7, 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-038347-22 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 February 28, 2023 2023 ONLTB 21992 (CanLII) Rent Owing To February 28, 2023 $13,451.60 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $11,325.00 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 $2,312.60 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before March 6, 2023 Rent Owing To March 31, 2023 $15,204.66 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $11,325.00 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 $4,065.66 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $12,505.36 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $11,325.00 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 - $1,687.74 Less the amount of the interest on the last month's rent deposit - $29.94 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-038347-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $(351.32) Plus daily compensation owing for each day of occupation starting $57.63 February 15, 2023 (per day) 2023 ONLTB 21992 (CanLII) Order Page: 5 of 5