LTB Order LTB-L-057725-22

2023 ONLTB 38199 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: C.Y.M. v D. L., 2023 ONLTB 38199 Date: 2023-05-17 File Number: LTB-L-057725-22 In the matter of: unit1(main floor A. basement), 112 B. ST E, O. ON L1G1S1 Between: C.Y.M. L. A. D. L. Tenant C.Y.M. (the 'L.') applied for an order to terminate the tenancy A. evict D. L. (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. As of 11:10 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 L.'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 $2,250.00. It is due on the 1st day of each month. Order Page: 1 of 4  File Number: LTB-L-057725-22 4. Based on the Monthly rent, the daily rent/compensation is $73.97. This amount is calculated as follows: $2,250.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 2023 ONLTB 38199 (CanLII) 6. The rent arrears owing to April 30, 2023 are $27,250.00. 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. 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 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. 10. The L. submitted that she is unaware of any circumstances of the Tenant that would cause the termination of the tenancy to be delayed or denied. 11. The L. testified that she had discussions with the Tenant regarding the arrears. The Tenant said that payment would come at least 5 times however no payments have been made toward the arrears. I am satisfied the L. 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 A. thus, I did not have the opportunity to hear their evidence regarding their circumstances or to dispute the L.’s application for an eviction order. 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.: • $29,686.00 if the payment is made on or before May 28, 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 Order Page: 2 of 4  File Number: LTB-L-057725-22 became due after May 28, 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 28, 2023 2023 ONLTB 38199 (CanLII) 5. If the Tenant does not void the order, the Tenant shall pay to the L. $26,961.28. 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 $73.97 per day for the use of the unit starting April 25, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the L. the full amount owing on or before May 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 29, 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 28, 2023, then starting May 29, 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 29, 2023. May 17, 2023 ____________________ Date Issued Camille Clyne 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 29, 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-057725-22 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 28, 2023 2023 ONLTB 38199 (CanLII) Rent Owing To May 31, 2023 $29,500.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the L. since the - $0.00 application was filed Total the Tenant must pay to continue the tenancy $29,686.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $26,775.28 Application Filing Fee $186.00 Less the amount the Tenant paid to the L. since the - $0.00 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 L. $26,961.28 Plus daily compensation owing for each day of occupation starting $73.97 April 25, 2023 (per day) Order Page: 4 of 4