LTB Order LTB-L-040252-22

2023 ONLTB 34660 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: A. v G., 2023 ONLTB 34660 Date: 2023-05-08 File Number: LTB-L-040252-22 In the matter of: Main Floor Unit, 73 BLACKWATER CRES SCARBOROUGH ON M1B1L5 Between: M.A. Landlord And S.G. Tenant M.A. (the 'Landlord') applied for an order to terminate the tenancy and evict S. G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 23, 2023. The Landlord and the Landlord's Legal Representative Leon Presner and the Tenant attended the hearing. Procedural History 1. The matter was first before the Board on February 16, 2023 and adjourned at the Tenant’s request. They requested more time to speak with Tenant Duty counsel and investigate with EPIC for potential assistance. The Board granted the adjournment. 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. Order Page: 1 of 4  File Number: LTB-L-040252-22 3. The lawful rent is $1,800.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $59.18. This amount is calculated as follows: $1,800.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 2023 ONLTB 34660 (CanLII) 6. The rent arrears owing to February 28, 2023 are $1,800.00. 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 $1,800.00 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. At the hearing both parties agreed the arrears outstanding is $12,786.00, inclusive of arrears and costs in filing the application. 10. I asked both parties for submissions on eviction. The Landlord requested the Board consider an order evicting the Tenant on March 31, 2023. The Tenant requested the Board a delayed eviction until May 31, 2023. The Tenant stated they are currently unemployed; they have 2 children in elementary school and there maybe potential of employment. Ms. G. stated she may have some financial assistance from Ontario works and CCB. 11. The Tenant has not made any good faith effort to pay the arrears, even if all she could afford was $100 per month or any other amount that would have demonstrated an effort to pay the arrears. The Landlord has not any rent in since August 2022 and the arrears have continue to increase. 12. 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. 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: • $16,386.00 if the payment is made on or before May 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 Order Page: 2 of 4  File Number: LTB-L-040252-22 that became due after May 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 May 19, 2023 2023 ONLTB 34660 (CanLII) 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $16,386.00 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 $59.18 per day for the use of the unit starting February 24, 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 May 19, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 20, 2023 at 6.00% 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 May 19, 2023, then starting May 20, 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 May 20, 2023. May 8, 2023 ____________________________ Date Issued Anthony Bruno 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 November 20, 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 Schedule 1 Order Page: 3 of 4  File Number: LTB-L-040252-22 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 May 19, 2023 Rent Owing To May 31, 2023 $16,200.00 2023 ONLTB 34660 (CanLII) Application Filing Fee $186.00 NSF Charges $0.00 Total the Tenant must pay to continue the tenancy $16,386.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $16,200.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount of the last month's rent deposit - $1,800.00 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 $14,586.00 Plus daily compensation owing for each day of occupation starting $59.18 February 24, 2023 (per day) Order Page: 4 of 4