LTB Order LTB-L-058798-22

2023 ONLTB 37361 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: H.B. v J. F., 2023 ONLTB 37361 Date: 2023-05-18 File Number: LTB-L-058798-22 In the matter of: 26 KER ST ST CATHARINES ON L2T1M2 Between: H.B. Landlord A. J.F.A.R.L. Tenant H.B. (the 'Landlord') applied for an order to terminate the tenancy A. evict J. F. A. R. L. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 25, 2023. The Landlord’s Legal Representative, S. Sheridan A. the Tenant R. L. attended the hearing. As of 2:00 p.m. the Tenant, J. F. 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: Preliminary issue 1. The Tenant, R. L. informed the Landlord that she vacated the unit last week. She attended the hearing, although she had no consent from the other named Tenant, J. F. to speak on his behalf, nor was she attending to speak on his behalf. She did not contest the Landlord’s application. 2. The hearing proceeded on an uncontested basis. L1 Application Order Page: 1 of 4  File Number: LTB-L-058798-22 3. 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. 4. As of the hearing date, the Tenant was still in possession of the rental unit. 2023 ONLTB 37361 (CanLII) 5. The lawful rent is $2,300.00. It is due on the 1st day of each month. 6. Based on the Monthly rent, the daily rent/compensation is $75.62. This amount is calculated as follows: $2,300.00 x 12, divided by 365 days. 7. The Tenant has not made any payments since the application was filed. 8. The rent arrears owing to April 30, 2023 are $20,700.00. 9. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 10. The Landlord collected a rent deposit of $2,300.00 from the Tenant A. this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 11. Interest on the rent deposit, in the amount of $63.96 is owing to the Tenant for the period from March 16, 2022 to April 25, 2023. 12. 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 Landlord 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. J. F. did not attend the hearing to provide submissions regarding his circumstances, or to contest the Landlord’s application. It is ordered that: 1. The tenancy between the Landlord 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 Landlord or to the LTB in trust: $23,186.00 if the payment is made on or before May 29, 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 29, 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 29, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $18,112.54. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The Order Page: 2 of 4  File Number: LTB-L-058798-22 rent deposit A. interest the Landlord owes on the rent deposit are 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 Landlord compensation of $75.62 per day for the use of the unit starting April 26, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 37361 (CanLII) 7. If the Tenant does not pay the Landlord the full amount owing on or before May 29, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 30, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord 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 29, 2023, then starting May 30, 2023, the Landlord 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 Landlord on or after May 30, 2023. May 18, 2023 ____________________________ Date Issued Emily Robb 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 November 30, 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. 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 29, 2023 Rent Owing To May 31, 2023 $23,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the application - $0.00 was filed Less the amount the Tenant paid into the LTB since the application was - $0.00 filed Less the amount the Landlord owes the Tenant for an{abatement/rebate} - $0.00 Order Page: 3 of 4  File Number: LTB-L-058798-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $23,186.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $20,290.50 2023 ONLTB 37361 (CanLII) Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the application - $0.00 was filed Less the amount the Tenant paid into the LTB since the application was - $0.00 filed Less the amount of the last month's rent deposit - $2,300.00 Less the amount of the interest on the last month's rent deposit - $63.96 Less the amount the Landlord owes the Tenant for an {abatement/rebate} - $0.00 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $18,112.54 Plus daily compensation owing for each day of occupation starting April $75.62 (per 26, 2023 day) Order Page: 4 of 4