LTB Order LTB-L-040545-23

2023 ONLTB 69155 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Stephane Duchesneau Limited v B., 2023 ONLTB 69155 Date: 2023-10-18 File Number: LTB-L-040545-23 In the matter of: 51 WESTHILL RD Elliot Lake ON P5A1A6 Between: Stephane Duchesneau Limited Landlord And P.B. Tenant Stephane Duchesneau Limited (the 'Landlord') applied for an order to terminate the tenancy and evict P.B. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on October 10, 2023. Only the Landlord, Stephane Duchesneau attended the hearing. 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. The Landlord served the L1/L9 update by leaving it in the mailbox of the mobile home and asserts he has no other contact information for the Tenant. The telephone number he has is old and disconnected. 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 Order Page 1 of 4  File Number: LTB-L-040545-23 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 $275.00. It is due on the 1st day of each month. 2023 ONLTB 69155 (CanLII) 4. Based on the Monthly rent, the daily rent/compensation is $9.04. This amount is calculated as follows: $275.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to October 31, 2023 are $1,650.00. 7. The Landlord is not entitled to reimbursement for administration charges and bank fees the Landlord incurred because the costs were not as a result of a ‘cheque’ given by or on behalf of the Tenant which was returned NSF. The language in Section 87(5) of the Act is express and unambiguous and only allows for NSF cheques which states, “On an application by a landlord under this section, the Board may include the following amounts in determining the total amount owing to a landlord by a tenant in respect of a rental unit: 1. The amount of NSF cheque charges claimed by the landlord and charged by financial institutions in respect of cheques tendered to the landlord by or on behalf of the tenant, to the extent the landlord has not been reimbursed for the charges. 2. The amount of unpaid administration charges in respect of the NSF cheques, if claimed by the landlord, that do not exceed the amount per cheque that is prescribed as a specified payment exempt from the operation of section 134.” 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. 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. 11. The Landlord submits the unit is abandoned; however the Tenant owns the mobile home on the land and the Landlord received no Notice or instruction from the Tenant that the mobile home would be remove or has been left behind abandoned to demolish. Based on the submissions made I cannot find the unit is abandoned when the mobile home is owned by the Tenant and is still on the land of the residential complex. 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: Order Page 2 of 4  File Number: LTB-L-040545-23 • $1,836.00 if the payment is made on or before October 29, 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 October 29, 2023 but before the Court Enforcement Office (Sheriff) 2023 ONLTB 69155 (CanLII) 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 October 29, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $1,651.40. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $9.04 per day for the use of the unit starting October 11, 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 October 29, 2023, the Tenant will start to owe interest. This will be simple interest calculated from October 30, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before October 29, 2023, then starting October 30, 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 October 30, 2023. October 18, 2023 ____________________________ Date Issued Sandra Macchione 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 April 30, 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-040545-23 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 29, 2023 2023 ONLTB 69155 (CanLII) Rent Owing To October 31, 2023 $1,650.00 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 - $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 $1,836.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $1,465.40 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 - $0.00 application 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 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 $1,651.40 Plus daily compensation owing for each day of occupation starting $9.04 October 11, 2023 (per day) Order Page 4 of 4