LTB Order LTB-L-051446-22

Order under Section 69 2023 ONLTB 34676 (CanLII) Residential Tenancies Act, 2006 Citation: Old Oak Properties Inc. v C., 2023 ONLTB 34676 Date: 2023-05-03 File Number: LTB-L-051446-22 In the matter of: 109, 575 PROUDFOOT LANE LONDON ON N6H4R5 Between: Old Oak Properties Inc. Landlord And L.C. Tenants Rodney Gallant Old Oak Properties Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict L.C. and Rodney Gallant (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 28, 2023. The Landlord attended the hearing. The Landlord was represented by Renebelle King. As of 4:00 p.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 $1,714.00. It is due on the 1st day of each month. Order Page: 1 of 3  4. Based on the Monthly rent, the daily rent/compensation is $56.35. This amount is calculated as follows: $1,714.00 x 12, divided by 365 days. 5. The Tenant has paid $9,050.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $3,775.57. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to 2023 ONLTB 34676 (CanLII) reimbursement of those costs. File Number: LTB-L-051446-22 8. The Landlord collected a rent deposit of $1,714.00 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. Interest on the rent deposit, in the amount of $10.21 is owing to the Tenant for the period from January 1, 2023 to March 28, 2023. 10. 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 and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would not be unfair to grant relief from eviction subject to the conditions set out in this order pursuant to subsection 83(1)(a) and 204(1) of the Act. It is ordered that: 1. The Tenant shall pay to the Landlord $3,961.57, which represents the arrears of rent ($3,775.57) and costs ($186.00) outstanding for the period ending March 31, 2023. 2. The Landlord’s application for eviction of the Tenant is denied on the condition that: (a) The Tenant shall make the following payments to the Landlord in respect of the monies owing under paragraph 1 of this order: 1. Beginning on or before May 20, 2023, the Tenant shall pay the Landlord $495.20; 2. The Tenant shall continue to pay the Landlord $495.20 per month on or before the 20th day of each month during the period of June 20, 2023, to November 20, 2023; 3. The Tenant shall pay the Landlord $495.17 on or before December 20, 2023. Order Page: 2 of 3  (b) The Tenant shall also pay the Landlord the lawful monthly rent as it becomes due on or before the 1st day of the month starting June 1, 2023 until the arrears are paid in full. (c) The Tenant shall pay rent for May 2023 on or before May 15, 2023, if not already paid. 2023 ONLTB 34676 (CanLII) 3. If the Tenant fails to make any of the payments in accordance with paragraph 2, and by the dates required, then: (a) The Landlord may apply, without notice to the Tenant, under section 78 of the Residential Tenancies Act, 2006 (the ‘Act’) for an order terminating the tenancy and evicting the Tenant, and for the payment of any new arrears of rent and NSF charges not already ordered under paragraph 1 of this order. The Landlord must make the application within 30 days of a breach of a condition set out in paragraph 2 of this order. File Number: LTB-L-051446-22 (b) The balance owing under paragraph 1 of this order shall become payable on the day following the date of default. The monies shall bear interest at the post-judgement interest rate determined under subsection 207(7) of the Act. May 3, 2023 ____________________________ Date Issued Emile Ramlochan 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. Order Page: 3 of 3