LTB Order LTB-L-050349-22

2023 ONLTB 26643 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Yama-munro v D., 2023 ONLTB 26643 Date: 2023-03-30 File Number: LTB-L-050349-22 In the matter of: Upper Unit, 1412 DOMINION RD FORT ERIE ON L2A1J7 Between: M.A.Y. Landlord A. A.H.A.M.D. Tenant M.A.Y. (the 'Landlord') applied for an order to terminate the tenancy A. evict A.H.A.M.D. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 13, 2023 at 09:00 am. The Landlord, the Landlord’s friend Terrence Marshall Santhakumar A. the Tenants attended the hearing. Preliminary Issue: 1. At the outset of the hearing Terrence Marshall Santhakumar identified himself as the Landlord’s friend A. that he would be speaking on their behalf. He also testified that he was not a licensed paralegal, he had not appeared before the Board as a representative within the last year A. was not receiving any compensation. 2. Based on his submissions, I determined that Terrence Marshall Santhakumar’s appearance falls under the exemption provided in By-law 4 of the Law Society of Ontario A. permitted him to proceed on behalf of the Landlord. Determinations: Order Page: 1 of 5  File Number: LTB-L-050349-22 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. 2023 ONLTB 26643 (CanLII) 3. The lawful rent is $1,310.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $43.07. This amount is calculated as follows: $1,310.00 x 12, divided by 365 days. 5. The Tenant has paid $3,310.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $6,400.00. The Tenants didn’t dispute the amount owing. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,295.00 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. 9. Interest on the rent deposit, in the amount of $35.92 is owing to the Tenant for the period from February 2, 2022 to March 13, 2023. 10. 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 not be unfair to postpone the eviction until April 13, 2023 pursuant to subsection 83(1)(b) of the Act. 11. Specifically, at the hearing the Tenant’s didn’t dispute the amount owing A. requested a brief postponement of the eviction to not exceed of 30 days from the hearing date to facilitate finding another rental unit A. moving. 12. Based on the evidence A. testimony before me I am satisfied that a postponement to April 13, 2023 is warranted while not unduly prejudicing the Landlord. 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: • $6,586.00 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. OR Order Page: 2 of 5  File Number: LTB-L-050349-22 • $7,896.00 if the payment is made on or before April 13, 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 April 13, 2023 but before the Court Enforcement Office (Sheriff) 2023 ONLTB 26643 (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 April 13, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $4,479.82. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. 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 $43.07 per day for the use of the unit starting March 14, 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 April 10, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 11, 2023 at 5.00% 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 April 13, 2023, then starting April 14, 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 April 14, 2023. March 30, 2023 ____________________________ Date Issued Kelly Delaney 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 October 14, 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 Order Page: 3 of 5  File Number: LTB-L-050349-22 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 March 31, 2023 Rent Owing To March 31, 2023 $9,710.00 2023 ONLTB 26643 (CanLII) Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $3,310.00 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 $6,586.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before April 13, 2023 Rent Owing To April 30, 2023 $11,020.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $3,310.00 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 $7,896.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $8,934.74 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $3,310.00 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 - $1,295.00 Less the amount of the interest on the last month's rent deposit - $35.92 Order Page: 4 of 5  File Number: LTB-L-050349-22 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 $4,479.82 Plus daily compensation owing for each day of occupation starting $43.07 2023 ONLTB 26643 (CanLII) March 14, 2023 (per day) Order Page: 5 of 5