LTB Order LTB-L-055599-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 36686 (CanLII) Citation: ST. JUDE COMMUNITY HOMES INC. v O.I.M., 2023 ONLTB 36686 Date: 2023-05-11 File Number: LTB-L-055599-22 In the matter of: 10, 1845 GERRARD ST E TORONTO ON M4L2B6 Between: ST. JUDE COMMUNITY HOMES INC. Landlord And O.I.M. Tenant ST. JUDE COMMUNITY HOMES INC. (the 'Landlord') applied for an order to terminate the tenancy and evict O.I.M. (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, Jeff Shabes and the Landlord’s Agents, Salem Kidane, Judy Taylor and Thuan Ngo attended the hearing. As of 2”04 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 $360.00. It is due on the 1st day of each month. Order Page: 1 of 4  File Number: LTB-L-055599-22 4. Based on the Monthly rent, the daily rent/compensation is $11.84. This amount is calculated as follows: $360.00 x 12, divided by 365 days. 5. The Tenant has paid $3,760.00 to the Landlord since the application was filed. 2023 ONLTB 36686 (CanLII) 6. The rent arrears owing to April 30, 2023 are $555.00. 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. 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'), and find that it would not be unfair to postpone the eviction until June 9, 2023 pursuant to subsection 83(1)(b) of the Act. 10. The Landlord is seeking a standard eviction order with delay. 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 denied. 11. The Landlord’s representative testified that the Tenant has been working with social support works to decrease the arrears and has made significant payments to the overall arrears. I am satisfied the Landlord met their obligation to attempt to negotiate a repayment plan with the Tenants. 12. The Tenants 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 delay to June 9, 2023 is fair in the circumstances, so the Tenant can arrange their affairs and move, or pay off the arrears and void the eviction order if they are 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: • $1,101.00 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-055599-22 OR • $1,461.00 if the payment is made on or before June 9, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 36686 (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 9, 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 9, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $523.08. 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 $11.84 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 22, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 23, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before June 9, 2023, then starting June 10, 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 10, 2023. May 11, 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 December 10, 2023 if the order has not been filed on or before this date with the Court Order Page: 3 of 4  File Number: LTB-L-055599-22 Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 36686 (CanLII) 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 $4,675.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $3,760.00 application was filed Total the Tenant must pay to continue the tenancy $1,101.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before June 9, 2023 Rent Owing To June 30, 2023 $5,035.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $3,760.00 application was filed Total the Tenant must pay to continue the tenancy $1,461.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $4,097.08 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $3,760.00 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 $523.08 Plus daily compensation owing for each day of occupation starting $11.84 April 13, 2023 (per day) Order Page: 4 of 4