LTB Order LTB-L-038664-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 67286 (CanLII) Citation: N.D.H.C. v H., 2023 ONLTB 67286 Date: 2023-10- 17 File Number: LTB-L- 038664-23 In the matter of: 45 THELMA AVE NORTH BAY ON P1A4J9 Between: N.D.H.C. Landlord And A.H. Tenant N.D.H.C. (the 'Landlord') applied for an order to terminate the tenancy and evict A.H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on September 27, 2023. Only the Landlord’s Representative Christian Carrier attended the hearing. As of 10:25am, 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 $149.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $4.90. This amount is calculated as follows: $149.00 x 12, divided by 365 days. Order Page 1 of 5  File Number: LTB-L-038664-23 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to September 30, 2023 are $1,341.00. The Landlord’s application as filed claimed that the monthly rent increased from $119.00 for the months of January and February, 2023 to $942.00 for the months of March, April, and May 2023. However, at the hearing, the Landlord asked to amend the application to reflect a monthly rent of 2023 ONLTB 67286 (CanLII) $149.00 for all months included in the application up to the hearing (January to September – 9 months) totalling $1,341.00 arrears up to September 30, 2023. I am granting the Landlord’s request to amend the application at the hearing as it is fair in the circumstances. While the amendment results in a $30.00 per month increase for January and February 2023, this is outweighed by the $793.00 reduction in arrears for all subsequent months until the hearing. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. 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 November 30, 2023 pursuant to subsection 83(1)(b) of the Act. Based on the fact that this is subsidized H. and the monthly rent is currently $149.00 per month, it is not unfair to delay the eviction by 5 weeks to provide the Tenant some more time to void this order and preserve their tenancy. An eviction would be disproportionately prejudicial to the Tenant as she would have to pay market rent. 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: • $1,676.00 if the payment is made on or before October 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $1,825.00 if the payment is made on or before November 30, 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 30, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. Order Page 2 of 5  File Number: LTB-L-038664-23 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 30, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $1,510.30. 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. 2023 ONLTB 67286 (CanLII) 6. The Tenant shall also pay the Landlord compensation of $4.90 per day for the use of the unit starting September 28, 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 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from December 1, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 30, 2023, then starting December 1, 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 December 1, 2023. October 17, 2023 _ ___________________________ Date Issued Elan Shemtov 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 June 1, 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-038664-23 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 October 31, 2023 2023 ONLTB 67286 (CanLII) Rent Owing To October 31, 2023 $1,490.00 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 application - $0.00 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 $1,676.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before November 30, 2023 Rent Owing To November 30, 2023 $1,639.00 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 application - $0.00 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 $1,825.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $1,324.30 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 application - $0.00 was filed Less the amount of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Order Page 4 of 5  File Number: LTB-L-038664-23 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 $1,510.30 Plus daily compensation owing for each day of occupation starting $4.90 2023 ONLTB 67286 (CanLII) September 28, 2023 (per day) Order Page 5 of 5