LTB Order LTB-L-041781-22

2023 ONLTB 23812 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: EQB LTD v B., 2023 ONLTB 23812 Date: 2023-03-06 File Number: LTB-L-041781-22 In the matter of: 33-214 Queen Street South Kitchener, ON N2G 1W3 Between: EQB LTD Landlord And E.B. Tenant EQB LTD (the 'Landlord') applied for an order to terminate the tenancy and evict E.B. (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 Jane Seale and the Tenant attended 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 $1,444.68. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $47.50. This amount is calculated as follows: $1,444.68 x 12, divided by 365 days. 5. The Tenant has paid $9,397.33 to the Landlord since the application was filed. 6. The rent arrears owing to February 28, 2023 are $1,091.14. Order Page: 1 of 4  File Number: LTB-L-041781-22 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 $1,399.00 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. 2023 ONLTB 23812 (CanLII) 9. Interest on the rent deposit, in the amount of $26.85 is owing to the Tenant for the period from November 15, 2020 to February 27, 2023. Section 83 Considerations 10. The parties came before me and requested a standard order extended to March 20, 2023 on consent. 11. 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 March 20, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 12. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 13. The Tenant may void this order and continue the tenancy by paying to the Landlord: 1. $2,721.82 if the payment is made on or before March 20, 2023. See Schedule 1 for the calculation of the amount owing. 14. 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 20, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 15. 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 20, 2023. 16. 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 $310.89. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $47.50 per day for compensation for the use of the unit starting February 28, 2023 until the date the Tenant moves out of the unit. 17. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. Order Page: 2 of 4  File Number: LTB-L-041781-22 18. If the unit is not vacated on or before March 20, 2023, then starting March 21, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 19. 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 March 21, 2023. 2023 ONLTB 23812 (CanLII) March 6, 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 September 21, 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. Order Page: 3 of 4  File Number: LTB-L-041781-22 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 20, 2023 2023 ONLTB 23812 (CanLII) Rent Owing To March 31, 2023 $11,933.15 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $9,397.33 application was filed Total the Tenant must pay to continue the tenancy $2,721.82 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $10,326.29 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $9,397.33 application was filed Less the amount of the last month's rent deposit - $1,399.00 Less the amount of the interest on the last month's rent deposit - $26.85 Total amount owing to the Landlord $(310.89) Plus daily compensation owing for each day of occupation starting $47.50 February 28, 2023 (per day) Order Page: 4 of 4