LTB Order LTB-L-046126-23

2023 ONLTB 78024 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: D. v M., 2023 ONLTB 78024 Date: 2023-11-29 File Number: LTB-L-046126-23 In the matter of: 378 FARWELL TERRACE SAULT STE MARIE ON P6C4B7 Between: B.D. Landlord And M.A.S.M.M. Tenant B.D. (the 'Landlord') applied for an order to terminate the tenancy and evict M. (AKA S M.) M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on October 26, 2023. The Landlord, the Landlord’s representative G. Block, 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 $758.07. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $24.92. This amount is calculated as follows: $758.07 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-046126-23 6. The rent arrears owing to October 31, 2023 are $9,854.91. Although the Tenant disputed the arrears amount, the Tenant’s evidence lacked particulars and overall, I found the Landlord’s evidence as to the amount owed to be more believable. 7. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 78024 (CanLII) 8. There is no last month's rent deposit. Section 83 9. Section 83 requires that I consider all the circumstances, including the Tenant’s and the Landlord’s situations to determine if it would be appropriate to grant section 83 relief from eviction. 10. The Landlord’s advised that the Landlord has tried to reach out to the Tenant for a repayment plan, without success. There are substantial arrears owing and the Landlord spoke to the impact of the Tenant’s non-payment of any rent for the past 13 months. 11. The Tenant did not propose a repayment plan and indicated she is in the process of moving. The Tenant lives alone and seeks until December 2023 to find alternative accommodations. 12. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (RTA), including whether the Landlord attempted to negotiate a repayment agreement with the Tenant, and find that it would be unfair to deny eviction pursuant to subsection 83(1) 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 or to the LTB in trust: • $10,813.98 if the payment is made on or before November 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $11,572.05 if the payment is made on or before December 10, 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 Order Page 2 of 4  File Number: LTB-L-046126-23 that became due after December 10, 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 10, 2023 2023 ONLTB 78024 (CanLII) 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $9,945.76. 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 $24.92 per day for the use of the unit starting October 27, 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 December 10, 2023, the Tenant will start to owe interest. This will be simple interest calculated from December 11, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before December 10, 2023, then starting December 11, 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 December 11, 2023. November 29, 2023 ____________________________ Date Issued Peter Nicholson 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 June 11, 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 November 30, 2023 Rent Owing To November 30, 2023 $10,612.98 Application Filing Fee $201.00 Order Page 3 of 4  File Number: LTB-L-046126-23 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 2023 ONLTB 78024 (CanLII) 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 $10,813.98 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before December 10, 2023 Rent Owing To December 31, 2023 $11,371.05 Application Filing Fee $201.00 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 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 $11,572.05 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $9,744.76 Application Filing Fee $201.00 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 - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 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 $9,945.76 Plus daily compensation owing for each day of occupation starting $24.92 October 27, 2023 (per day) Order Page 4 of 4