LTB Order LTB-L-049428-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 39953 (CanLII) Citation: M. v D., 2023 ONLTB 39953 Date: 2023-06-01 File Number: LTB-L-049428-22 In the matter of: UPPER UNIT 1, 2150 ADJALATECUMSETH TOWNLINE RR1 TOTTENHAM ON L0G1W0 Between: M.M.A.S.M. L. A. C. D. Tenant M.M.A.S.M. (the 'L.') applied for an order to terminate the tenancy A. evict C. D. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 27, 2023. The L.’ Legal Representative Nicole Fazzari A. the Tenant attended the hearing. The Tenant spoke with Tenant Duty Counsel prior to the hearing. Preliminary Issue: At the beginning of the hearing at 30:15 in the hearing recording, the Tenant requested an adjournment, stating that she was unprepared to proceed for the following reasons: • she had only recently found out about the hearing by email the week before, • she was unable to open two files uploaded to the Tribunals Ontario Portal, • she needed to be able to access “her files” A. disputed that there was unpaid rent, A. • she required to time to seek counsel. She stated that she was at a “grave disadvantage,” that she had been treated poorly by the Landlord A. the Landlord’s Representative, A. she repeatedly attempted to raise issues that were not the subject of the application before the Board. The Landlord opposed the adjournment request on the basis that the Tenant had been on notice of the arrears since the N4 was served in August 2022 A. the Tenant sent an email to the Order Page: 1 of 5  File Number: LTB-L-049428-22 Landlord’s Representative on January 17, 2023 with a 58 page document outlining her position on issues in the tenancy. She stated that the Tenant was provided with the Landlord’s evidence 7 days prior to the hearing, A. if she was unable to proceed, she should have requested an adjournment at that time. At 35:54 of the hearing recording, the Tenant disconnected from the call. The Landlord’s 2023 ONLTB 39953 (CanLII) Representative stated that the Tenant has done this in the past during hearings. She indicated that in addition to two Tenant applications with respect to this tenancy awaiting hearing before the Board, file LTB-L-039080-22 had recently been heard. I stood the matter down for 10 minutes to see if the Tenant would reconnect A. she did so approximately 15 minutes later at 50:42 on the hearing recording. The Tenant stated that she was “homeless,” had no documents including bank records from her rental unit (which her son could send her), A. she was trying to move out with her son. It was her position that she would be at a “grave disadvantage” if the hearing proceeded. The Landlord’s Representative informed me that the Tenant had been removed from the rental unit by police in September 2022, her possessions remained in the unit, she had not returned the keys to the Landlord, A. had not informed the Landlord’s Representative of her plans. She pointed out that banking A. ODSP records are readily available without the need to retrieve them from the rental unit A. that the Tenant could have been ready to proceed. At 57:43 of the hearing recording, I denied the adjournment request because the Tenant had been on notice for 7 months of the possibility of an application A. did not seek counsel in that time. The Tenant spoke with Duty Counsel prior to the hearing. I was preparing to hold the matter down again to allow the Tenant time to speak with any agency that could provide her with the payment information that she said she required, but after an upset comment, the Tenant disconnected from the call again at 58:12 of the recording. I held the matter down until 1:11:12 of the recording. The Tenant did not return, A. the hearing proceeded in her absence. Determinations: 1. The Landlord obtained an order from the Board dated March 24, 2023 on an L2 application based on an N12 notice (LTB-L-039080-22). This order terminated the tenancy effective April 9, 2023. 2. As of the hearing date, the Tenant was still in possession of the rental unit. While the tenancy has already been lawfully terminated as a result of the order issued March 24, 2023, I will consider the application before me which seeks termination of the tenancy on different grounds. However, if the Tenant has vacated the rental unit prior to the date this order has been issued as a result of the previous order, the Tenant will only owe arrears up to the date she vacates. Order Page: 2 of 5  File Number: LTB-L-049428-22 3. This order does not affect the validity of the previous order (LTB-L-039080-22) or affect the Landlord’s right to enforce termination of the tenancy A. eviction in accordance with that order. 4. 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 2023 ONLTB 39953 (CanLII) arrears owing by the termination date in the N4 Notice or before the date the application was filed. 5. The lawful rent is $600.00. It is due on the 1st day of each month. 6. Based on the Monthly rent, the daily rent/compensation is $19.73. This amount is calculated as follows: $600.00 x 12, divided by 365 days. 7. The Tenant has not made any payments since the application was filed. 8. The rent arrears owing to March 31, 2023 are $5,400.00. 9. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 10. There is no last month's rent deposit. 11. The Landlord’s Legal Representative stated that in August 2022, the Tenant requested the Landlord’s bank account information in order to pay rent. A letter of August 2, 2022 was sent to the Tenant by the Legal Representative indicating that over the 10 year tenancy, she has always paid cash A. provided her with 4 methods of paying the rent in addition to a reminder that 2 months of arrears were owing. The letter invited the Tenant to contact the Representative’s office. 12. Subsequent to the delivery of the letter, there were intermittent communications with the Tenant about moving A. placing a storage POD on the property. After an altercation at the rental unit, the Tenant was subject to a court order not to return to the unit. Her son remained in another unit in the rental complex A. the Tenant’s possessions remained in her unit A. possibly in the storage POD on the driveway. 13. Because the Tenant chose not to participate in the hearing, I did not have benefit of her submissions. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that 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: Order Page: 3 of 5  File Number: LTB-L-049428-22 • $7,386.00 if the payment is made on or before June 12, 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 June 12, 2023 but before the Court Enforcement Office (Sheriff) 2023 ONLTB 39953 (CanLII) 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 June 12, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $5,518.71. 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 Landlord compensation of $19.73 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 June 12, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 13, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before June 12, 2023, then starting June 13, 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 June 13, 2023. June 1, 2023 ____________________________ Date Issued Margo den Haan 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 December 13, 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: 4 of 5  File Number: LTB-L-049428-22 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 June 12, 2023 2023 ONLTB 39953 (CanLII) Rent Owing To June 30, 2023 $7,200.00 Application Filing Fee $186.00 Total the Tenant must pay to continue the tenancy $7,386.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $5,332.71 Application Filing Fee $186.00 Total amount owing to the Landlord $5,518.71 Plus daily compensation owing for each day of occupation starting $19.73 March 28, 2023 (per day) Order Page: 5 of 5