LTB Order LTB-L-057464-22

2023 ONLTB 40359 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: B. Li v T. J., 2023 ONLTB 40359 Date: 2023-05-30 File Number: LTB-L-057464-22 In the matter of: Basement, 35 CROWN ACRES CRT SCARBOROUGH ON M1S4W1 Between: B.L.A.H.L. L. A. T. J. Tenant B.L.A.H.L. (the 'L.') applied for an order to terminate the tenancy A. evict T. J. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 24, 2023. Only the L. A. Landlord’s legal representative C. Hu attended the hearing. As of 10:53 am, the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. Additionally, the L. served a copy of the hearing notice to the Tenant under the Tenant’s door on April 21, 2023. The Tenant did not request an adjournment of the hearing. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. The L. 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 $586.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $19.27. This amount is calculated as follows: $586.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. Order Page: 1 of 4  File Number: LTB-L-057464-22 6. The rent arrears owing to April 30, 2023 are $4,688.00. 7. The L. 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. 2023 ONLTB 40359 (CanLII) 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. whether the L. 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. The L. have been in regular contact with the Tenant regarding the arrears, however The Tenant has failed to acknowledge or propose a reasonable payment plan with the L.. As noted, the Tenant did not attend the hearing of this matter A. thus I did not have the opportunity to hear their evidence regarding their circumstances or any dispute of the Landlord’s application for an eviction order. Therefore, I find that a standard order as requested by the Landlord is appropriate in the circumstance. It is ordered that: 1. The tenancy between the L. 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 L. or to the LTB in trust: • $5,460.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $6,046.00 if the payment is made on or before June 10, 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 June 10, 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 10, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $4,750.48. 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 L. compensation of $19.27 per day for the use of the unit starting April 25, 2023 until the date the Tenant moves out of the unit. Order Page: 2 of 4  File Number: LTB-L-057464-22 7. If the Tenant does not pay the L. the full amount owing on or before June 10, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 11, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before June 10, 2023, then starting June 11, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction 2023 ONLTB 40359 (CanLII) 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 L. on or after June 11, 2023. May 30, 2023 ____________________________ Date Issued Donna Adams 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 December 11, 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 4  File Number: LTB-L-057464-22 Schedule 1 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 May 31, 2023 2023 ONLTB 40359 (CanLII) Rent Owing To May 31, 2023 $5,274.00 Application Filing Fee $186.00 Total the Tenant must pay to continue the tenancy $5,460.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before June 10, 2023 Rent Owing To June 30, 2023 $5,860.00 Application Filing Fee $186.00 Total the Tenant must pay to continue the tenancy $6,046.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $4,564.48 Application Filing Fee $186.00 Total amount owing to the L. $4,750.48 Plus daily compensation owing for each day of occupation starting $19.27 April 25, 2023 (per day) Order Page: 4 of 4