LTB Order LTB-L-047798-22

Order under Section 69 2023 ONLTB 27048 (CanLII) Residential Tenancies Act, 2006 Citation: R. v B., 2023 ONLTB 27048 Date: 2023-09-18 File Number: LTB-L-047798-22 In the matter of: 2301, 349 RATHBURN RD W MISSISSAUGA ON L5B0G9 Between: G.R.A.R.K. L. A. R. A. P. C. B. A. Tenant Leighton Kenley G.R.A.R.K. (the 'L.') applied for an order to terminate the tenancy A. evict R. A. P. C. B. A. Leighton Kenley (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 15, 2023. The L., L.’s representative Thirusenthuran Sivapatham A. the Tenant attended the hearing. Determinations: 1. The L. 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 $1,800.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $59.18. This amount is calculated as follows: $1,800.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to March 31, 2023 are $18,000.00. Order Page 1 of 4  File Number: LTB-L-047798-22 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. The Tenant did not dispute the rent arrears. However, she mentioned that she had 2023 ONLTB 27048 (CanLII) financial difficulties as some people owed her money A. had yet to pay her. The Tenant claims that she is waiting to receive the payments from those people so that she can pay her rent arrears accordingly. 10. The L. expressed doubt about the Tenant's claim of being unable to pay her rent due to people owing her. The L. claims that the Tenant did not contact him for any payment plans after receiving the notice A. the application until March 09, 2023, when she received the L.'s submission. The L. sought a standard eviction order. 11. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties A. whether the L. attempted to negotiate a repayment agreement with the Tenant A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act as the Tenant has had the additional time after the hearing to pay off the rent arrears or find an alternative accommodation. 12. On balance, postponing the eviction past September 29, 2023, would be unfair A. prejudicial to the L. as the Tenant has had an extended period since the hearing to pay off the rent arrears A. void the order. The Tenant testified that she was expecting A. needed some time to pay off the arrears or find an alternative unit. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $28,986.00 if the payment is made on or before September 29, 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 September 29, 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 September 29, 2023 Order Page 2 of 4  File Number: LTB-L-047798-22 5. If the Tenant does not void the order, the Tenant shall pay to the L. $17,273.70. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the L. compensation of $59.18 per day for the use of the unit starting March 16, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 27048 (CanLII) 7. If the Tenant does not pay the L. the full amount owing on or before September 29, 2023, the Tenant will start to owe interest. This will be simple interest calculated from September 30, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before September 29, 2023, then starting September 30, 2023, the L. 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 L. on or after September 30, 2023. September 18, 2023 ____________________________ Date Issued Percy Laryea Member, L. A. 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 March 31, 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-047798-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before September 29, 2023 2023 ONLTB 27048 (CanLII) Rent Owing To September 30, 2023 $28,800.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. 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 $28,986.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $17,087.70 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. 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 L. $17,273.70 Plus daily compensation owing for each day of occupation starting $59.18 March 16, 2023 (per day) Order Page 4 of 4