LTB Order LTB-L-055477-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 33212 (CanLII) Citation: Ottawa Community Housing Corp. v K.C., 2023 ONLTB 33212 Date: 2023-04-27 File Number: LTB-L-055477-22 In the matter of: 416, 3025 DUMAURIER AVE OTTAWA ON K2B8A3 Between: Ottawa Community Housing Corp. Landlord And K.C. Tenant Ottawa Community Housing Corp. (the 'Landlord') applied for an order to terminate the tenancy and evict K.C. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 12, 2023. Only the Landlord’s agent, Debbie Dawson (‘DD’), attended the hearing. As of 9:43 a.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 $1,277.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $41.98. This amount is calculated as follows: $1,277.00 x 12, divided by 365 days. 5. The Tenant has paid $614.00 to the Landlord since the application was filed. 6. The rent arrears owing to April 30, 2023 are $13,175.00. Order Page: 1 of 5  File Number: LTB-L-055477-22 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 2023 ONLTB 33212 (CanLII) 9. DD stated that the Landlord has sent several letters to the Tenant about her rent arrears, dating back to January 2022, as this matter also involved a loss of a rent subsidy. DD stated that a letter was attached to the N4 notice that was served by mail on May 17, 2022 inviting the Tenant to communicate with the Landlord about a payment plan to pay the rent arrears. The Landlord did not hear back from the Tenant, and sent three more similar letters thereafter, and again, did not receive a response from the Tenant. DD stated that the Tenant does not have an email address or working phone number that the Landlord is aware of, so all communication was by letter. DD was not aware of any other circumstances that should be considered with respect to whether eviction should be delayed or denied. 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 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 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 or to the LTB in trust: • $13,361.00 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $14,638.00 if the payment is made on or before May 8, 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 May 8, 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 May 8, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $12,587.76. This amount includes rent arrears owing up to the date of the hearing and 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 $41.98 per day for the use of the unit starting April 13, 2023 until the date the Tenant moves out of the unit. Order Page: 2 of 5  File Number: LTB-L-055477-22 7. If the Tenant does not pay the Landlord the full amount owing on or before May 8, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 9, 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 2023 ONLTB 33212 (CanLII) order. 9. If the unit is not vacated on or before May 8, 2023, then starting May 9, 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 May 9, 2023. April 27, 2023 ____________________________ Date Issued Mark Melchers 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 November 9, 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: 3 of 5  File Number: LTB-L-055477-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is 2023 ONLTB 33212 (CanLII) made on or before April 30, 2023 Rent Owing To April 30, 2023 $13,789.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the application was - $614.00 filed Less the amount the Tenant paid into the LTB since the application was - $0.00 filed Less the amount the Landlord owes the Tenant for an{abatement/rebate} - $0.00 Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $13,361.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 8, 2023 Rent Owing To May 31, 2023 $15,066.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the application was - $614.00 filed Less the amount the Tenant paid into the LTB since the application was - $0.00 filed Less the amount the Landlord owes the Tenant for an{abatement/rebate} - $0.00 Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $14,638.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $13,015.76 Application Filing Fee $186.00 NSF Charges $0.00 Order Page: 4 of 5  File Number: LTB-L-055477-22 Less the amount the Tenant paid to the Landlord since the application was - $614.00 filed Less the amount the Tenant paid into the LTB since the application was - $0.00 2023 ONLTB 33212 (CanLII) filed Less the amount of the last month's rent deposit -$ 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 {abatement/rebate} - $0.00 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $12,587.76 Plus daily compensation owing for each day of occupation starting April $41.98 (per 13, 2023 day) Order Page: 5 of 5