LTB Order LTB-L-060723-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: KLH Housing Corp v S.J., 2023 ONLTB 39495 2023 ONLTB 39495 (CanLII) Date: 2023-05-23 File Number: LTB-L-060723-22 In the matter of: 321, 45 ST PATRICK ST LINDSAY ON K9V1R2 Between: KLH Housing Corp Landlord And S.J. Tenant KLH Housing Corp (the 'Landlord') applied for an order to terminate the tenancy and evict S. J. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 27, 2023. The Landlord and the Tenant attended the hearing. Only the Landlord’s agent Caroline Smith attended the hearing. As of 11:18a.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 Landlord's evidence. 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. I have exercised my discretion under section 201(1) of the Residential Tenancies Act, 2006 (the “Act”) to amend the application and correct the rental periods. The Landlord filed the application in October 2022, claiming rent arrears from April 1, 2022 to October 1, 2022. Since rent is due on the first of the month, and the landlord is claiming rent arrears for the month of October, the end of the rental period for this month is October 31, 2022. The application is amended to correct the end of rental period for the month of October 2022. There is no prejudice to the Tenant from this amendment because it does not affect the validity of the N4 Notice nor does it affect the total arrears being claimed on the application. 3. As of the hearing date, the Tenant was still in possession of the rental unit. Order Page: 1 of 5  File Number: LTB-L-060723-22 4. The lawful rent is $925.00. It is due on the 1st day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $30.41. This amount is calculated as follows: $925.00 x 12, divided by 365 days. 6. The rent is scheduled to increase to $948.00 effective May 1, 2023. Based on that rent, the 2023 ONLTB 39495 (CanLII) new daily compensation will be $31.17. 7. The Tenant has not made any payments since the application was filed. 8. The rent arrears owing to April 30, 2023, are $11,493.00. 9. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 10. There is no last month's rent deposit. 11. 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 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 Landlord’s agent is not aware of any circumstances which the Board should be made aware of whether to refuse or delay the eviction. 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:  $12,627.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $13,575.00 if the payment is made on or before June 3, 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 June 3, 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 June 3, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $11,575.07. 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 $30.41 per day for the use of the unit starting April 28, 2023. Beginning, May 1, 2023, the daily compensation will increase Order Page: 2 of 5  File Number: LTB-L-060723-22 to $31.17. The Tenant shall pay the Landlord daily compensation 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 June 3, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 4, 2023 ONLTB 39495 (CanLII) 2023, at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before June 3, 2023, then starting June 4, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 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 June 4, 2023. May 23, 2023 Date Issued Inderdeep Padda 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 December 4, 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 5  File Number: LTB-L-060723-22 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 2023 ONLTB 39495 (CanLII) Rent Owing to May 31, 2023 $12,441.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 $12,627.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before June 3, 2023 Rent Owing to June 30, 2023 $13,389.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 $13,575.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing to Hearing Date $11,389.07 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-060723-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $11,575.07 Plus, daily compensation owing for each day of occupation $30.41 starting April 28, 2023, to April 30, 2023 (per day) Plus, daily compensation owing for each day of occupation $31.17 2023 ONLTB 39495 (CanLII) starting May 1, 2023 (per day) Order Page: 5 of 5