LTB Order LTB-L-057525-22

2023 ONLTB 34407 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: S. H. v D. S., 2023 ONLTB 34407 Date: 2023-05-03 File Number: LTB-L-057525-22 In the matter of: 281 TOPAZE CRES ROCKLAND ON K4K0E7 Between: B.A.H. L. S. H. A. D. S. Tenant B.A.H. A. S. H. (the 'L.') applied for an order to terminate the tenancy A. evict D. S. (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. attended the hearing. The Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. The L. also served the L1/L9 Form to the Tenant by email on April 17, 2023. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the L.' evidence. Determinations: 1. The L. served the Tenant with a valid Notice to End Tenancy Early for Nonpayment 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. Order Page: 1 of 4  File Number: LTB-L-057525-22 3. The lawful rent is $2,800.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $92.05. This amount is calculated as follows: $2,800.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 2023 ONLTB 34407 (CanLII) 6. The rent arrears owing to April 30, 2023 are $29,400.00. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $2,800.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 9. Interest on the rent deposit, in the amount of $78.86 is owing to the Tenant for the period from September 1, 2021 to April 24, 2023. 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 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 arrears are high A. the Tenant has made no payments to the Landlord in the past eight months. Given the Tenant’s payment history it’s unlikely this tenancy can be preserve. 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: • $32,386.00 if the payment is made on or before May 14, 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 14, 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 14, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $26,116.34. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the L. owes on the rent deposit are Order Page: 2 of 4  File Number: LTB-L-057525-22 deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the L. compensation of $92.05 per day for the use of the unit starting April 25, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 34407 (CanLII) 7. If the Tenant does not pay the L. the full amount owing on or before May 14, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 15, 2023 at 6.00% annually on the balance outstanding. 8. The L. 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 May 14, 2023, then starting May 15, 2023, the L. 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 L. on or after May 15, 2023. May 3, 2023 ____________________________ Date Issued Sandra Macchione Member, L. 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 November 15, 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-057525-22 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 14, 2023 2023 ONLTB 34407 (CanLII) Rent Owing To May 31, 2023 $32,200.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. 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 $32,386.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $28,809.20 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 - $2,800.00 Less the amount of the interest on the last month's rent deposit - $78.86 Less the amount the L. 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 L. $26,116.34 Plus daily compensation owing for each day of occupation starting $92.05 April 25, 2023 (per day) Order Page: 4 of 4