LTB Order LTB-L-041846-23

2023 ONLTB 69605 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: PJO Ventures Inc. v G., 2023 ONLTB 69605 Date: 2023-10-25 File Number: LTB-L-041846-23 In the matter of: 8-104 King Edward Avenue London, ON N5Z 3T1 Between: PJO Ventures Inc. Landlord And M.G. Tenant PJO Ventures Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict M. G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on October 12, 2023. The Landlord’s agents Patrick O’Connor and Tabitha Leah attended the hearing on behalf of the Landlord. The Tenant attended the hearing with her support person, Steven Freeland. The Tenant met with Tenant Duty Counsel. 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 $1,850.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $60.82. This amount is calculated as follows: $1,850.00 x 12, divided by 365 days. 5. The Tenant has paid $1,700.00 to the Landlord since the application was filed. Order Page 1 of 4  File Number: LTB-L-041846-23 6. The rent arrears owing to October 31, 2023 are $10,450.00. 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 $1,850.00 from the Tenant and this deposit is still 2023 ONLTB 69605 (CanLII) 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. Interest on the rent deposit, in the amount of $36.11 is owing to the Tenant for the period from January 1, 2023 to October 12, 2023. Section 83 Considerations 10. The Tenant testified that she acknowledged the arrears and that she had been living with her ex-boyfriend when the tenancy commenced however, her ex-boyfriend had got violent with her which resulted in her children being removed from the home by the Children’s Aid Society. 11. The Tenant testified that she would like to make a better home for her family and testified that she planned on vacating the unit by the end of October. The termination date will be pushed to November 5, 2023 due to the issuance date of this order. 12. 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 November 5, 2023 pursuant to subsection 83(1)(b) 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: • $10,636.00 if the payment is made on or before October 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $12,486.00 if the payment is made on or before November 5, 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 November 5, 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 November 5, 2023. Order Page 2 of 4  File Number: LTB-L-041846-23 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $7,629.73. 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. 2023 ONLTB 69605 (CanLII) 6. The Tenant shall also pay the Landlord compensation of $60.82 per day for the use of the unit starting October 13, 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 November 5, 2023, the Tenant will start to owe interest. This will be simple interest calculated from November 6, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 5, 2023, then starting November 6, 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 November 6, 2023. October 25, 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 May 6, 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-041846-23 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 31, 2023 2023 ONLTB 69605 (CanLII) Rent Owing To October 31, 2023 $12,150.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $1,700.00 application was filed Total the Tenant must pay to continue the tenancy $10,636.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before November 5, 2023 Rent Owing To November 30, 2023 $14,000.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $1,700.00 application was filed Total the Tenant must pay to continue the tenancy $12,486.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,029.84 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $1,700.00 application was filed Less the amount of the last month's rent deposit - $1,850.00 Less the amount of the interest on the last month's rent deposit - $36.11 Total amount owing to the Landlord $7,629.73 Plus daily compensation owing for each day of occupation starting $60.82 October 13, 2023 (per day) Order Page 4 of 4