LTB Order LTB-L-045695-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 31608 (CanLII) Citation: J.B. v J.P., 2023 ONLTB 31608 Date: 2023-04-19 File Number: LTB-L-045695-22 In the matter of: BASEMENT, 56 VALLEYSCAPE TRAIL CALEDON ON L7C3Z1 Between: J.B. Landlord And J.P. Tenant J.B. (the 'Landlord') applied for an order to terminate the tenancy and evict J. P. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This is the L1 Application. The Landlord also applied for an order to terminate the tenancy and evict the Tenant because the Landlord, in good faith, requires possession of the rental unit for the purpose of residential occupation for at least one year. This is the L2 Application, This application was heard by videoconference on April 6, 2023. The Landlord and the Landlord’s Legal Representative, Atta Choudry, attended the hearing. As of 10:03 a.m., 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: L1 Application 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 6  File Number: LTB-L-045695-22 3. The lawful rent is $1,650.00. It is due on the 20th day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $54.25. This amount is calculated as follows: $1,650.00 x 12, divided by 365 days. 2023 ONLTB 31608 (CanLII) 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to April 19, 2023 are $16,500.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. The Landlord’s Legal Representative submitted that the Landlord is unaware of any circumstances of the Tenant that would cause the termination of the tenancy to be delayed or denied. The Tenant did not attend the hearing to give evidence of their circumstances. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. L2 Application 11. At the hearing, the Landlord requested consent of the Board to withdraw their application. 12. In accordance with subsection 200(4) of the Act, I consent to the withdrawal of the application. It is ordered that: Regarding the L1 Application: 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: • $16,686.00 if the payment is made on or before April 19, 2023. See Schedule 1 for the calculation of the amount owing. OR • $18,336.00 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 6  File Number: LTB-L-045695-22 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 April 30, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 2023 ONLTB 31608 (CanLII) 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 April 30, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $16,012.50. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $54.25 per day for the use of the unit starting April 7, 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 April 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 1, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before April 30, 2023, then starting May 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. 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 May 1, 2023. Regarding the L2 Application: 11. The Landlord’s application is dismissed. April 19, 2023 ____________________ Date Issued Susan Priest 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 November 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. Order Page: 3 of 6  File Number: LTB-L-045695-22 *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice 2023 ONLTB 31608 (CanLII) Order Page: 4 of 6  File Number: LTB-L-045695-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if 2023 ONLTB 31608 (CanLII) the payment is made on or before April 19, 2023 Rent Owing To April 19, 2023 $16,500.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Total the Tenant must pay to continue the tenancy $16,686.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before April 30, 2023 Rent Owing To May 19, 2023 $18,150.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Total the Tenant must pay to continue the tenancy $18,336.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $15,826.50 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 Order Page: 5 of 6  File Number: LTB-L-045695-22 Total amount owing to the Landlord $16,012.50 Plus daily compensation owing for each day of occupation starting $54.25 April 7, 2023 (per day) 2023 ONLTB 31608 (CanLII) Order Page: 6 of 6