LTB Order LTB-L-041092-22

Order under Section 69 2023 ONLTB 26293 (CanLII) Residential Tenancies Act, 2006 Citation: The Effort Trust Company v D., 2023 ONLTB 26293 Date: 2023-03-20 File Number: LTB-L-041092-22 In the matter of: 909, 21 BEN LOMOND PL HAMILTON ON L8V2T1 Between: The Effort Trust Company Landlord And L.D. Tenant The Effort Trust Company (the 'Landlord') applied for an order to terminate the tenancy and evict L.D. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 27, 2023. The Landlord’s Legal Representative Danielle Molloy, the Tenant, and the Tenant’s support Erika Simmons attended the hearing. At the hearing, the parties consented to the following order. It is agreed by the parties that: 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 $999.00. It is due on the 1st day of each month. 4. The rent arrears owing to February 28, 2023 are $512.00. 5. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 3  6. The Landlord collected a rent deposit of $952.00 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. 7. Interest on the rent deposit, in the amount of $71.22 is owing to the Tenant for the period from April 1, 2018 to February 27, 2023. 2023 ONLTB 26293 (CanLII) 8. The parties agreed to a standard order with an extension to March 31, 2023. File Number: LTB-L-041092-22 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: • $1,697.00 if the payment is made on or before March 31, 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 31, 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 31, 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 $437.54. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $32.84 per day for compensation for the use of the unit starting February 28, 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 31, 2023, then starting April 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 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 April 1, 2023. Order Page: 2 of 3  March 20, 2023 ____________________________ Date Issued Margo den Haan Member, Landlord and Tenant Board 2023 ONLTB 26293 (CanLII) 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 October 1, 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. File Number: LTB-L-041092-22 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 March 31, 2023 Rent Owing To March 31, 2023 $9,822.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $8,311.00 application was filed Total the Tenant must pay to continue the tenancy $1,697.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $8,710.68 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $8,311.00 application was filed Less the amount of the last month's rent deposit - $952.00 Less the amount of the interest on the last month's rent deposit - $71.22 Total amount owing to the Landlord $(437.54) Plus daily compensation owing for each day of occupation starting $32.84 February 28, 2023 (per day) Order Page: 3 of 3