LTB Order LTB-L-059838-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 22128 (CanLII) Citation: M. v TOWNER, 2023 ONLTB 22128 Date: 2023-03-02 File Number: LTB-L-059838-22 In the matter of: LOWER, 154 THAMES STREET NORTH INGERSOLA ON N5C3E2 Between: M.M. Landlord And KIM TOWNER Tenant M.M. (the 'Landlord') applied for an order to terminate the tenancy and evict KIM TOWNER (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 16, 2023. The Landlord and the Tenant attended the hearing. Preliminary Issue: The Tenant did not respond to the moderator when spoken to from about 9:38 a.m. to 10:24 a.m. In the hearing room, I asked the Tenant to unmute her device at 11:00 a.m., but as she remained silent, the hearing proceeded at 11:02 a.m. Determinations: 1. 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. 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $917.00. 4. Based on the Monthly rent, the daily rent/compensation is $30.15. This amount is calculated as follows: $917.00 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-059838-22 6. The Landlord’s attempts at negotiating a repayment agreement were unsuccessful. The Tenant stopped taking her calls or responding to emails. 7. The rent arrears owing to February 28, 2023 are $8,994.00. 8. The Landlord incurred costs of $201.00 for filing the application and is entitled to 2023 ONLTB 22128 (CanLII) reimbursement of those costs. 9. There is no last month's rent deposit. 10. I have considered all 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 and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The amount outstanding is substantial, and the Tenant has not paid any rent since the application was filed. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $10,112.00 if the payment is made on or before March 13, 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 March 13, 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 March 13, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $8,760.40. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $30.15 per day for the use of the unit starting February 17, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before March 13, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 14, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before March 13, 2023, then starting March 14, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page: 2 of 4  File Number: LTB-L-059838-22 9. 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 March 14, 2023. 2023 ONLTB 22128 (CanLII) March 2, 2023 ____________________________ Date Issued Jitewa Edu Member, Landlord and 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 September 14, 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-059838-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 22128 (CanLII) A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before March 13, 2023 Rent Owing To March 31, 2023 $9,911.00 Application Filing Fee $201.00 Total the Tenant must pay to continue the tenancy $10,112.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $8,559.40 Application Filing Fee $201.00 Total amount owing to the Landlord $8,760.40 Plus daily compensation owing for each day of occupation starting $30.15 February 17, 2023 (per day) Order Page: 4 of 4