LTB Order LTB-L-041397-22

2023 ONLTB 26242 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: The Effort Trust Company v C., 2023 ONLTB 26242 Date: 2023-03-23 File Number: LTB-L-041397-22 In the matter of: 204-421 Whitney Avenue Hamilton, ON L8S 2H6 Between: The Effort Trust Company Landlord And J.C. Tenant The Effort Trust Company (the 'Landlord') applied for an order to terminate the tenancy and evict J.C. (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 February 27, 2023. The Landlord’s Legal Representative Danielle Malloy and the Tenant attended the hearing. The Tenant met with Tenant Duty Counsel prior to the hearing. 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 $1,499.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $49.28. This amount is calculated as follows: $1,499.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. Order Page: 1 of 4  File Number: LTB-L-041397-22 6. The rent arrears owing to February 28, 2023 are $13,551.00. 7. The Landlord is entitled to $200.00 to reimburse the Landlord for bank fees the Landlord incurred as a result of payments made by or on behalf of the Tenant which were returned NSF. 2023 ONLTB 26242 (CanLII) 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $1,499.00 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. 10. Interest on the rent deposit, in the amount of $37.37 is owing to the Tenant for the period from March 1, 2022 to February 27, 2023. Section 83 Issues 11. The Tenant acknowledged the arrears and testified that he has been out of work and in and out of medical facilities which has hampered his ability to pay the rent. 12. The Tenant testified that he is currently unemployed, and the parties requested a standard order to the end of March to allow the Tenant to find a new unit. Due to the issuance of this order, the termination date will be extended to April 3, 2023. 13. 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 April 3, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 14. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 15. The Tenant may void this order and continue the tenancy by paying to the Landlord: 1. $15,436.00 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. OR 2. $16,935.00 if the payment is made on or before April 3, 2023. See Schedule 1 for the calculation of the amount owing. 16. 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 April 3, 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 4  File Number: LTB-L-041397-22 17. 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 April 3, 2023. 18. If the Tenant does not void the order, the Tenant shall pay to the Landlord $12,232.19. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. The rent deposit and interest the Landlord owes 2023 ONLTB 26242 (CanLII) on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 19. The Tenant shall also pay the Landlord compensation of $49.28 per day for the use of the unit starting February 28, 2023 until the date the Tenant moves out of the unit. 20. If the Tenant does not pay the Landlord the full amount owing on or before April 3, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 4, 2023 at 5.00% annually on the balance outstanding. 21. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 22. If the unit is not vacated on or before April 3, 2023, then starting April 4, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 23. 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 4, 2023. March 23, 2023 ____________________________ Date Issued Jagger Benham 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 October 4, 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. 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 $15,050.00 Application Filing Fee $186.00 NSF Charges $200.00 Order Page: 3 of 4  File Number: LTB-L-041397-22 Total the Tenant must pay to continue the tenancy $15,436.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before April 3, 2023 Rent Owing To April 30, 2023 $16,549.00 2023 ONLTB 26242 (CanLII) Application Filing Fee $186.00 NSF Charges $200.00 Total the Tenant must pay to continue the tenancy $16,935.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $13,382.56 Application Filing Fee $186.00 NSF Charges $200.00 Less the amount of the last month's rent deposit - $1,499.00 Less the amount of the interest on the last month's rent deposit - $37.37 Total amount owing to the Landlord $12,232.19 Plus daily compensation owing for each day of occupation starting $49.28 February 28, 2023 (per day) Order Page: 4 of 4