LTB Order LTB-L-053882-22

2023 ONLTB 30377 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: O.C. v H., 2023 ONLTB 30377 Date: 2023-04-17 File Number: LTB-L-053882-22 In the matter of: 8, 773 Lawrence Avenue West North York ON M6A1C2 Between: O.C. Landlord A. A.H.A. Tenant Sonja Futerman O.C. (the 'Landlord') applied for an order to terminate the tenancy A. evict A.H.A. Sonja Futerman (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 30, 2023. The Landlord’s legal representative, Demetrios Maragos, A. the Landlord attended the hearing. The arrears of rent owing for the period ending March 31, 2023, exceeds the jurisdiction of the Board which is $35,000.00. However, pursuant to subsection 207(1) of the Residential Tenancies Act, 2006 (the ‘Act’), the Board may not order payment of an amount more than the monetary jurisdiction of the Small Claims Court, which is $35,000.00. The Tenants will therefore be ordered to pay $35,000.00 for their arrears if they vacate the rental unit. Subsection 207(1) of the Act does not apply to the amount to be paid if the Tenants wish to void the order, as this is an optional payment. The Landlord indicated a desire to proceed with the hearing of the application A. voluntarily waived the portion of the claim that exceeds the Board’s monetary jurisdiction Determinations: Order Page: 1 of 4  File Number: LTB-L-053882-22 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 30377 (CanLII) 3. The lawful rent is $1,900.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $62.47. This amount is calculated as follows: $1,900.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to March 31, 2023 are $38,000.00. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. 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 A., including submissions from the Landlord's representative that the Tenant does not have young children or any persons with special needs that the Board needs to consider living with them, A. whether the Landlord attempted to negotiate a repayment agreement with the Tenant A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 10. I have considered all of the evidence presented at the hearing A. all of the oral testimony A. although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 11. This order contains all reasons for the determinations A. order made. No further reasons will be issued. 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: • $38,186.00 if the payment is made on or before April 28, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 4  File Number: LTB-L-053882-22 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 28, 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 2023 ONLTB 30377 (CanLII) out of the rental unit on or before April 28, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $38,160.10. 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 $62.47 per day for the use of the unit starting March 31, 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 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 29, 2023 at 6.00% 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 28, 2023, then starting April 29, 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 29, 2023. April 17, 2023 ____________________________ Date Issued Greg Brocanier 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 29, 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Schedule 1 Order Page: 3 of 4  File Number: LTB-L-053882-22 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 April 28, 2023 Rent Owing To April 30, 2023 $38,000.00 2023 ONLTB 30377 (CanLII) Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 $38,186.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $37,974.10 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 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 $38,160.10 Plus daily compensation owing for each day of occupation starting $62.47 March 31, 2023 (per day) Order Page: 4 of 4