LTB Order LTB-L-043462-23

2023 ONLTB 78144 (CanLII) Order under Section 21.1 69 Residential Tenancies Act, 2006 Citation: 1175326 ONTARIO LTD. v H., 2023 ONLTB 78144 Date: 2023-12-04 File Number: LTB-L-043462-23-AM In the matter of: 106, 105 ROWENA DR TORONTO ON M3A1R2 Between: 1175326 ONTARIO LTD. Landlord And L.H. Tenant Pursuant tp a request received from the Landlord the order has been changed to include the rent owing to December 31, 2023, to coincide with the order issuance date and the date and amount owing to void. Deletions have been struck through and additions have been bolded and underlined. The Order is otherwise unchanged. 1175326 ONTARIO LTD. (the 'Landlord') applied for an order to terminate the tenancy and evict L.H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on November 22, 2023 at 09:00 am. Only the Landlord Representative Nidhi Sharma attended the hearing. As of 09:30 am, 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. 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. Order Page 1 of 4  File Number: LTB-L-043462-23-AM 3. The lawful rent is $1,345.33. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $44.23. This amount is calculated as follows: $1,345.33 x 12, divided by 365 days. 5. The Tenant has paid $7,570.24 to the Landlord since the application was filed. 2023 ONLTB 78144 (CanLII) 6. The rent arrears owing to November 30, 2023 are $1,020.13. 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 $1,312.52 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. 9. Interest on the rent deposit, in the amount of $43.06 is owing to the Tenant for the period from August 1, 2022 to November 22, 2023. 10. 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 December 31, 2023 pursuant to subsection 83(1)(b) of the Act. 11. Specifically, given the effort by the Tenant to pay down the arrears, and the minimal amount owing I am satisfied a brief postponement is warranted to give the Tenant the opportunity to clear the remaining balance. 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: • $1,206.13 $2,551.46 if the payment is made on or before December 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 December 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 December 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 $503.29. See Schedule 1 for the calculation of Order Page 2 of 4  File Number: LTB-L-043462-23-AM the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $44.23 per day for compensation for the use of the unit starting November 23, 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. 2023 ONLTB 78144 (CanLII) 7. If the unit is not vacated on or before December 31, 2023, then starting January 1, 2024, 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 January 1, 2024. December 4, 2023 ____________________________ Date Original Order Kelly Delaney Issued Member, Landlord and Tenant Board January 9, 2024 ____________________________ Date Amended Order Kelly Delaney Issued 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 July 1, 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. 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 December 31, 2023 Rent Owing To December 31, 2023 $8,590.37 $9,935.70 Order Page 3 of 4  File Number: LTB-L-043462-23-AM Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,570.24 application was filed 2023 ONLTB 78144 (CanLII) 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 $1,206.13 $2,551.46 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $8,236.53 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,570.24 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 - $1,312.52 Less the amount of the interest on the last month's rent deposit - $43.06 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 $(-503.29) Plus daily compensation owing for each day of occupation starting $44.23 November 23, 2023 (per day) Order Page 4 of 4