LTB Order LTB-L-052725-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 38480 (CanLII) Citation: RWC Management v P., 2023 ONLTB 38480 Date: 2023-05-24 File Number: LTB-L-052725-22 In the matter of: 111 LETCHER ST SAULT STE. MARIE ON P6C4X7 Between: RWC Management Landlord And B.P. Tenant RWC Management (the 'Landlord') applied for an order to terminate the tenancy and evict B. P. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The initial hearing for this application was held on March 16, 2023 by videoconference, which was adjourned to allow the Tenant time to obtain disclosure. The parties agreed to return on April 27, 2023. This application was heard by videoconference on April 27, 2023. The Landlord’s representative, Ibifiri Fabian and the Tenant attended the hearing. Preliminary Issue: 1. The Tenant was provided an adjournment to obtain disclosure in the form of bank records on March 29, 2023. The adjournment was peremptory on the Tenant. Upon returning to the hearing on April 27, 2023, the Tenant had not provided the disclosure to the Board and the Landlord. 2. As the adjournment was peremptory on the Tenant and having regard to the Board’s requirement to be efficient pursuant to section 183 of the Residential Tenancies Act, 2006 (the ‘Act’), both sides have had an adequate opportunity to know the issues and be heard on the matter. The matter was heard without the Tenant’s submissions. Determinations: Order Page: 1 of 4  File Number: LTB-L-052725-22 3. 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. 4. As of the hearing date, the Tenant was still in possession of the rental unit. 2023 ONLTB 38480 (CanLII) 5. The lawful rent is $1,486.25. It is due on the 1st day of each month. 6. Based on the Monthly rent, the daily rent/compensation is $48.86. This amount is calculated as follows: $1,486.25 x 12, divided by 365 days. 7. The Tenant has paid $950.00 to the Landlord since the application was filed. 8. The rent arrears owing to April 30, 2023 are $13,958.75. 9. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 10. The Landlord collected a rent deposit of $1,450.00 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. 11. Interest on the rent deposit, in the amount of $44.22 is owing to the Tenant for the period from August 1, 2021 to April 27, 2023. Relief from Eviction 12. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until June 24, 2023 pursuant to subsection 83(1)(b) of the Act. 13. The Landlord sought a standard eviction order, however, was agreeable to a delay based on the Tenant’s circumstances. The arrears were described as substantial with a few good faith payments made by the Tenant since the application was filed. 14. I do find that 30-day delay is fair in the circumstances before me, so the Tenant can arrange her affairs and provide bank records to the Landlord, move, or pay off the arrears and void the eviction order if she is able. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord: • $15,631.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 4  File Number: LTB-L-052725-22 OR • $17,117.25 if the payment is made on or before June 24, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 38480 (CanLII) 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 24, 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 June 24, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $12,483.50. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and 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 $48.86 per day for the use of the unit starting April 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 24, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 25, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before June 24, 2023, then starting June 25, 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 25, 2023. May 24, 2023 ____________________ Date Issued Camille Clyne 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. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on January 1, 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-052725-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 31, 2023 2023 ONLTB 38480 (CanLII) Rent Owing To May 31, 2023 $16,395.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $950.00 application was filed Total the Tenant must pay to continue the tenancy $15,631.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before June 24, 2023 Rent Owing To June 24, 2023 $17,881.25 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $950.00 application was filed Total the Tenant must pay to continue the tenancy $17,117.25 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $14,741.72 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $950.00 application was filed Less the amount of the last month's rent deposit - $1,450.00 Less the amount of the interest on the last month's rent deposit - $44.22 Total amount owing to the Landlord $12,483.50 Plus daily compensation owing for each day of occupation starting $48.86 April 28, 2023 (per day) Order Page: 4 of 4