LTB Order LTB-L-055555-22

Order under Section 69 2023 ONLTB 36580 (CanLII) Residential Tenancies Act, 2006 Citation: Watford Optimist Non-Profit Housing Corp. v L.N., 2023 ONLTB 36580 Date: 2023-05-10 File Number: LTB-L-055555-22 In the matter of: 9, 356 ST CLAIR ST SS 1 WATFORD ON N0M2S0 Between: Watford Optimist Non -Profit Housing Corp. Landlord And L.N. Tenant Watford Optimist Non-Profit Housing Corp. (the 'Landlord') applied for an order to terminate the tenancy and evict L.N. (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 representative Gail Kukor Lang attended the hearing. As of 10:06 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 $387.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $12.72. This amount is calculated as follows: $387.00 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-055555-22 5. The Tenant has paid $2,094.00 to the Landlord since the application was filed. 6. The rent arrears owing to April 30, 2023 are $2,883.83. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to 2023 ONLTB 36580 (CanLII) reimbursement of those costs. 8. There is no last month's rent deposit. Relief from Eviction 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 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. 10. The Landlord’s representative submitted that the Landlord is unaware of any circumstances of the Tenants that would cause the termination of the tenancy to be delayed or denied. The Landlord sought an eviction order with delay until May 15, 2023 or 30 days if May 15, 2023 is not attainable. 11. The Landlord has had many conversations with the Tenant regarding the arrears and a repayment plan. The Tenant approach the Landlord in January 2023 regarding a repayment plan however the Tenant did not return with her financial documents to draft a payment agreement plan. In February 2023, the Tenant advised the Landlord that her mother would be paying the arrears. In March 2023, the Tenant advised the Landlord that her grandfather would be paying the arrears. Out of these discussion in January, February and March 2023, the repayment of arrears has not materialized. I am satisfied the Landlord met their obligation to attempt to negotiate a repayment plan with the Tenant. 12. The Tenant did not attend the hearing to give evidence of their circumstances and thus, I did not have the opportunity to hear their evidence regarding their circumstances or to dispute the Landlord’s application for an eviction order. 13. I find that it is fair in the circumstances, to issue an eviction order with a delay to May 31, 2023 so the Tenant can arrange her affairs and move, or pay off the arrears and void the eviction order if she is able. Order Page: 2 of 4  File Number: LTB-L-055555-22 It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2023 ONLTB 36580 (CanLII) 2. The Tenant may void this order and continue the tenancy by paying to the Landlord: • $3,456.83 if the payment is made on or before May 31, 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 31, 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 31, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $2,835.47. 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 $12.72 per day for the use of the unit starting April 13, 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 May 21, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 22, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before May 31, 2023, then starting June 1, 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 1, 2023. May 10, 2023 ____________________ Date Issued Camille Clyne Member, Landlord and Tenant Board Order Page: 3 of 4  File Number: LTB-L-055555-22 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. 2023 ONLTB 36580 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on December 1, 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 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 Rent Owing To May 31, 2023 $5,364.83 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,094.00 application was filed Total the Tenant must pay to continue the tenancy $3,456.83 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $4,743.47 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,094.00 application was filed Less the amount of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Total amount owing to the Landlord $2,835.47 Plus daily compensation owing for each day of occupation starting $12.72 April 13, 2023 (per day) Order Page: 4 of 4