LTB Order LTB-L-048898-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: L. v J., 2023 ONLTB 21326 2023 ONLTB 21326 (CanLII) Date: 2023-02-23 File Number: LTB-L-048898-22 In the matter of: 144 DEWELL CRES COURTICE ON L1E0B9 Between: A.L. Landlord A. A.K.A.R.J. Tenant A.L. (the 'Landlord') applied for an order to terminate the tenancy A. evict A. K. A. R. J. (jointly referred to as the 'Tenant' in this Order) because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on February 14, 2023. The Landlord’s Legal Representative, Daniel Greanya, A. the Landlord attended the hearing. As of 9:14 a.m., the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. The Landlord also testified he had forwarded the notice of hearing to the Tenant via email A. the Tenant confirmed receipt of it in December. 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 $2,808.30. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $92.33. This amount is calculated as follows: $2,808.30 x 12, divided by 365 days. 5. The Tenant has paid $9,300.00 to the Landlord since the application was filed. 6. The rent arrears owing to February 28, 2023 are $10,899.90. 7. The Landlord testified he provided copies of the materials submitted to the Board to the Tenant. This included proof of a $7.00 bank fee charged for a cheque returned NSF in Order Page: 1 of 4  File Number: LTB-L-048898-22 June A. copies of NSF cheques from July, August A. September. At the hearing, the Landlord testified there have been a total of 5 NSF cheques A. the bank charged him $7.00 for each. Bank fees in the amount of $28.00 were sought on the Update Form. It appears no bank fees were identified for the NSF cheque of September 1, 2022. However, it was uncontested the Landlord delivered a copy of the NSF cheque from September 1 to 2023 ONLTB 21326 (CanLII) the Tenant, the Tenant would be aware this cheque did not clear, A. it was reasonable to conclude a fee was incurred by the Landlord. As a result, I find the Landlord is entitled to $35.00 for bank fees the Landlord incurred as a result of 5 cheques given by or on behalf of the Tenant which were returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $2,775.00 from the Tenant A. 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. 10. Interest on the rent deposit, in the amount of $47.75 is owing to the Tenant for the period from December 1, 2021 to February 14, 2023. 11. The Landlord testified he is experiencing financial distress as a result of the Tenant’s failure to pay rent A. each day makes his financial situation worse. 12. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'). I find the Landlord attempted to negotiate a repayment agreement with the Tenant. In making this finding I considered the Landlord’s uncontested evidence that he regularly approached the Tenant to work with them A. the Tenant made promises to pay but they have not. As the Tenant did not attend A. no other circumstances were presented to me, I find it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. The tenancy between the Landlord 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 Landlord or to the LTB in trust:  $11,120.90 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR  $13,929.20 if the payment is made on or before March 6, 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 March 6, 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 4  File Number: LTB-L-048898-22 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 March 6, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $6,782.47. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the 2023 ONLTB 21326 (CanLII) application A. unpaid NSF charges. The rent deposit A. interest the Landlord owes on the rent deposit are 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 $92.33 per day for the use of the unit starting February 15, 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 March 6, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 7, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before March 6, 2023, then starting March 7, 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 March 7, 2023. February 23, 2023 Date Issued Rebecca Case Member, Landlord 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 September 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. Order Page: 3 of 4  File Number: LTB-L-048898-22 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 February 28, 2023 2023 ONLTB 21326 (CanLII) Rent Owing To February 28, 2023 $20,199.90 Application Filing Fee $186.00 NSF Charges $35.00 Less the amount the Tenant paid to the Landlord since the - $9,300.00 application was filed Total the Tenant must pay to continue the tenancy $11,120.90 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before March 6, 2023 Rent Owing To March 31, 2023 $23,008.20 Application Filing Fee $186.00 NSF Charges $35.00 Less the amount the Tenant paid to the Landlord since the - $9,300.00 application was filed Total the Tenant must pay to continue the tenancy $13,929.20 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $18,684.22 Application Filing Fee $186.00 NSF Charges $35.00 Less the amount the Tenant paid to the Landlord since the - $9,300.00 application was filed Less the amount of the last month's rent deposit - $2,775.00 Less the amount of the interest on the last month's rent deposit - $47.75 Total amount owing to the Landlord $6,782.47 Plus daily compensation owing for each day of occupation starting $92.33 February 15, 2023 (per day) Order Page: 4 of 4