LTB Order LTB-L-046844-22

2023 ONLTB 33462 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Boardwalk General Partnership v E., 2023 ONLTB 33462 Date: 2023-04-26 File Number: LTB-L-046844-22 In the matter of: 18, 1230 SANDFORD ST LONDON ON N5V 2J7 Between: Boardwalk General Partnership Landlord And S.E. Tenant Boardwalk General Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict S.E. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 27, 2023. Only the Landlord’s agent Nathan Carver attended the hearing. As of 10:00 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: 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 $1,382.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $45.44. This amount is calculated as follows: $1,382.00 x 12, divided by 365 days. Order Page: 1 of 5  File Number: LTB-L-046844-22 5. The Tenant has made $9,234.00 in payments since the application was filed. 6. The rent arrears owing to March 31, 2023 are $859.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 33462 (CanLII) 8. The Landlord collected a rent deposit of $1,349.00 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. 9. 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 May 31, 2023 pursuant to subsection 83(1)(b) of the Act. 10. The Landlord’s agent submitted the Tenant has paid approximately two-thirds of the outstanding arrears by the date of the hearing. He further testified that in a conversation with the Tenant, the Tenant committed to repay the arrears. The Landlord’s agent proposed that due to these factors it would not be unfair to delay the eviction. 11. I accept the Landlord agent’s submissions about the previously made payments and conversations with the Tenant and do not think it is unreasonable to provide the Tenant with a period of time to make pay the balance of the arrears. Therefore, I find some delay of eviction would not be unfair. A delay may give the Tenant the opportunity to repay the rent arrears owing in full. 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: • $2,427.00 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $3,809.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. OR 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 May 31, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. Order Page: 2 of 5  File Number: LTB-L-046844-22 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 May 31, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord -$458.31 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 2023 ONLTB 33462 (CanLII) deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $45.44 per day for the use of the unit starting March 28, 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 May 31, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 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 May 31, 2023, then starting June 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 June 1, 2023. April 26, 2023 ____________________________ Date Issued Greg Witt 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 7, 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. 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 April 30, 2023 Rent Owing To April 30, 2023 $2,241.00 Order Page: 3 of 5  File Number: LTB-L-046844-22 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 2023 ONLTB 33462 (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 $2,427.00 A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $3,623.00 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 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 $3,809.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $722.68 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 - $1,349.00 Less the amount of the interest on the last month's rent - $17.99 deposit 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 - $458.31 Order Page: 4 of 5  File Number: LTB-L-046844-22 Plus daily compensation owing for each day of occupation $45.44 starting March 28, 2023 (per day) 2023 ONLTB 33462 (CanLII) Order Page: 5 of 5