LTB Order LTB-L-057599-22

O. under Section 69 Residential Tenancies Act, 2006 Citation: S.L. v J. M. M., 2023 ONLTB 34381 2023 ONLTB 34381 (CanLII) Date: 2023-05-05 File Number: LTB-L-057599-22 In T. matter of: 810, 766 JOHN COUNTER BLVD KINGSTON ON K7K6P1 Between: S.L. Landlord A. T. J. M. M. S.L. (T. 'Landlord') A. F. an O. to T. T. T. A. E. J. M. M. (T. 'T.') because T. T. did not pay T. rent that T. T. owes. T. Landlord also claimed charges F. NSF cheques. This application was heard by videoconference on April 24, 2023. Only T. Landlord’s agent, Julia Keeping, attended T. hearing. As of 10:05am, T. T. was not present or represented at T. hearing although properly served with notice of this hearing by T. LTB. There was no record of a request to adjourn T. hearing. As a result, T. hearing proceeded with only T. Landlord's evidence. Determinations: 1. T. Landlord served T. T. with a valid Notice to End T. Early F. Non-payment of Rent (N4 Notice). T. T. did not void T. notice by paying T. amount of rent arrears owing by T. termination date in T. N4 Notice or before T. date T. application was filed. 2. As of T. hearing date, T. T. was still in possession of T. rental unit. 3. T. lawful rent as of November 1, 2022 is $1,814.16. It is due on T. 1st day of each month. T. Landlord no longer provides T. T. with a prompt payment discount as of this date. 4. Based on T. Monthly rent, T. daily rent/compensation is $59.64. This amount is calculated as follows: $1,814.16 x 12, divided by 365 days. 5. T. T. has paid $4,367.94 to T. Landlord since T. application was filed. 6. T. rent arrears owing to April 30, 2023 are $10,500.17. O. Page: 1 of 4  File Number: LTB-L-057599-22 7. T. Landlord incurred costs of $186.00 F. filing T. application A. is entitled to reimbursement of those costs. 8. T. NSF charges claimed by T. Landlord related to electronic fund transfers rather than NSF cheques. Since subsection 87(5) of T. Residential Tenancies Act, 2006, does not 2023 ONLTB 34381 (CanLII) provide a remedy F. electronic fund transfers that fail due to non-sufficient funds, T. Landlord’s claim F. NSF charges is denied. 9. T. Landlord collected a rent deposit of $1,810.57 from T. T. A. this deposit is still being held by T. Landlord. T. rent deposit can only be A. to T. last rental period of T. T. if T. T. is terminated. 10. Interest on T. rent deposit, in T. amount of $21.70 is owing to T. T. F. T. period from November 1, 2022 to April 24, 2023. 11. T. T. did not attend T. hearing to make submissions regarding their unique circumstances to consider whether or not relief from eviction would be appropriate. 12. T. Landlord provided T. T. with a brochure when they served T. T. T. N4 Notice regarding a RISE program that T. Landlord offers F. tenants in arrears of rent. T. brochure explains how they can receive assistance regarding arrears of rent A. can provide community resources F. unpaid rent F. T. T.. T. T. did not respond to T. Landlord regarding need F. any payment agreement. 13. I have considered all of T. disclosed circumstances in accordance with subsection 83(2) of T. Residential Tenancies Act, 2006 (T. 'Act'), including T. impact of COVID-19 on T. parties A. whether T. Landlord attempted to negotiate a repayment agreement with T. T., A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of T. Act. It is ordered that: 1. T. T. between T. Landlord A. T. T. is terminated unless T. T. voids this O.. 2. T. T. may void this O. A. continue T. T. by paying to T. Landlord or to T. LTB in trust:  $12,500.33 if T. payment is made on or before May 16, 2023. See Schedule 1 F. T. calculation of T. amount owing. 3. T. T. may also make a motion at T. LTB to void this O. under section 74(11) of T. Act, if T. T. has paid T. full amount owing as ordered plus any additional rent that became due after May 16, 2023 but before T. Court Enforcement Office (Sheriff) enforces T. eviction. T. T. may only make this motion once during T. T.. 4. If T. T. does not pay T. amount required to void this O. T. T. must move out of T. rental unit on or before May 16, 2023 5. If T. T. does not void T. O., T. T. shall pay to T. Landlord $8,471.10. This amount includes rent arrears owing up to T. date of T. hearing A. T. cost of filing T. application. T. rent deposit A. interest T. Landlord owes on T. rent deposit are O. Page: 2 of 4  File Number: LTB-L-057599-22 deducted from T. amount owing by T. T.. See Schedule 1 F. T. calculation of T. amount owing. 6. T. T. shall also pay T. Landlord compensation of $59.64 per day F. T. use of T. unit starting April 25, 2023 until T. date T. T. moves out of T. unit. 2023 ONLTB 34381 (CanLII) 7. If T. T. does not pay T. Landlord T. full amount owing on or before May 16, 2023, T. T. will start to owe interest. This will be simple interest calculated from May 17, 2023 at 6.00% annually on T. balance outstanding. 8. T. Landlord or T. T. shall pay to T. other any sum of money that is owed as a result of this O.. 9. If T. unit is not vacated on or before May 16, 2023, then starting May 17, 2023, T. Landlord may file this O. with T. Court Enforcement Office (Sheriff) so that T. eviction may be enforced. 10. Upon receipt of this O., T. Court Enforcement Office (Sheriff) is directed to give vacant possession of T. unit to T. Landlord on or after May 17, 2023. May 5, 2023 Date Issued Terri van Huisstede Member, Landlord A. T. Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. In accordance with section 81 of T. Act, T. part of this O. relating to T. eviction expires on November 17, 2023 if T. O. has not been filed on or before this date with T. Court Enforcement Office (Sheriff) that has territorial jurisdiction where T. rental unit is located. *Note: When T. Board directs payment-out, T. Canadian Imperial Bank of Commerce will issue a cheque to T. appropriate party named in this notice. T. cheque will be in T. amount directed plus any interest accrued up to T. date of T. notice O. Page: 3 of 4  File Number: LTB-L-057599-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount T. T. must pay to void T. eviction O. A. continue T. T. if T. payment is made on or before May 16, 2023 2023 ONLTB 34381 (CanLII) Rent Owing To May 31, 2023 $16,682.27 Application Filing Fee $186.00 NSF Charges $0.00 Less T. amount T. T. paid to T. Landlord since T. - $4,367.94 application was filed Less T. amount T. T. paid into T. LTB since T. - $0.00 application was filed Less T. amount T. Landlord owes T. T. F. - $0.00 an{abatement/rebate} Less T. amount of T. credit that T. T. is entitled to - $0.00 Total T. T. must pay to continue T. T. $12,500.33 B. Amount T. T. must pay if T. T. is terminated Rent Owing To Hearing Date $14,485.31 Application Filing Fee $186.00 NSF Charges $0.00 Less T. amount T. T. paid to T. Landlord since T. - $4,367.94 application was filed Less T. amount T. T. paid into T. LTB since T. - $0.00 application was filed Less T. amount of T. last month's rent deposit - $1,810.57 Less T. amount of T. interest on T. last month's rent deposit - $21.70 Less T. amount T. Landlord owes T. T. F. an - $0.00 {abatement/rebate} Less T. amount of T. credit that T. T. is entitled to - $0.00 Total amount owing to T. Landlord $8,471.10 Plus daily compensation owing F. each day of occupation starting $59.64 April 25, 2023 (per day) O. Page: 4 of 4