LTB Order LTB-L-060667-22

2023 ONLTB 35817 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Peel Housing Corp o/a Peel Living v S.G., 2023 ONLTB 35817 Date: 2023-05-11 File Number: LTB-L-060667-22 In the matter of: 710, 3570 COLONIAL DR MISSISSAUGA ON L5L5R9 Between: Peel Housing Corp o/a Peel Living Landlord And S.G. Tenant Peel Housing Corp o/a Peel Living (the 'Landlord') applied for an order to terminate the tenancy and evict S.G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 26, 2023. Only the Landlord’s agent, Nadja Nawrocky, attended the hearing. 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 $312.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $10.26. This amount is calculated as follows: $312.00 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-060667-22 5. The Tenant has paid $2,000.00 to the Landlord since the application was filed. 6. The rent arrears owing to April 30, 2023 are $1,432.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 35817 (CanLII) 8. The Landlord collected a rent deposit of $312.00 from the Tenant and 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. 9. Interest on the rent deposit, in the amount of $8.10 is owing to the Tenant for the period from April 13, 2022 to April 26, 2023. 10. The Landlord 's agent submit if the Landlord is seeking a standard order for the arrears and eviction. 11. The Landlord 's agent submitted at the hearing does she believe the tenant had two or three children living in the rental unit with the tenant. the Landlord 's agent was unable to confirm the ages of the children and therefore how many of the children were minors. 12. The arrears owed to the Landlord equal approximately six months of rent. 13. The tenant has made payments towards the arrears since the Landlord filed the application. 14. I weighed the arrears owed to the Landlord against a standard order for eviction in which the tenant may have young children living in the rental unit with her, and as such I am granting the Landlord the request for eviction, however I find it not unreasonable to extend the eviction date and allow the tenant time to repay the remaining arrears. 15. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until May 31, 2023 pursuant to subsection 83(1)(b) of the Act. 16. I have considered all of the evidence presented at the hearing and all of the oral testimony and although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 17. This order contains all reasons for the determinations and order made. No further reasons will be issued. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. Order Page: 2 of 4  File Number: LTB-L-060667-22 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $1,930.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 35817 (CanLII) 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 31, 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 31, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $1,252.66. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and 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 $10.26 per day for the use of the unit starting April 27, 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 May 22, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 23, 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 31, 2023, then starting June 1, 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 June 1, 2023. May 11, 2023 ____________________________ Date Issued Greg Brocanier 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. Order Page: 3 of 4  File Number: LTB-L-060667-22 In accordance with section 81 of the Act, the part of this order relating to the eviction expires on December 1, 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the 2023 ONLTB 35817 (CanLII) date of the notice Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $3,744.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,000.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord 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 $1,930.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $3,386.76 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,000.00 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 - $312.00 Less the amount of the interest on the last month's rent deposit - $8.10 Less the amount the Landlord 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 Landlord $1,252.66 Plus daily compensation owing for each day of occupation starting $10.26 April 27, 2023 (per day) Order Page: 4 of 4