LTB Order LTB-L-063718-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: M. G. v J. M., 2023 ONLTB 46782 2023 ONLTB 46782 (CanLII) Date: 2023-06-29 File Number: LTB-L-063718-22 In the matter of: 2, 184 HELLEMS AVE WELLAND ON L3B3B4 Between: J.V. L. M. G. A. J. M. Tenant J.V. A. M. G. (the 'L.') applied for an order to terminate the tenancy A. evict J. M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 8, 2023. The Landlord’s legal representative, J. Struthers A. the Tenant attended the hearing. 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 $1,375.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $45.21. This amount is calculated as follows: $1,375.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The parties agreed that the rent arrears owing to May 31, 2023 are $14,124.82. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $1,375.00 from the Tenant A. this deposit is still being held by the L.. 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 $40.87 is owing to the Tenant for the period from March 1, 2022 to May 8, 2023. Order Page: 1 of 5  File Number: LTB-L-063718-22 10. 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. 2023 ONLTB 46782 (CanLII) 11. This tenancy is relatively short as the Tenant moved in March of 2022. The Tenant testified at the hearing that the reason for the arrears was due to her hours being reduced with her employment. However, at the time of the hearing the Tenant had returned to work for a considerable amount of time yet had not made any payments to the Landlord since the application was filed. 12. The Tenant also stated that she prioritized other bills over her rent A. was saving for a new car. Essentially over the last 8 months the L. have been financing the tenant’s lifestyle. 13. The Tenant has received approximately 45 days since the hearing to either find other accommodations or pay back the rent that the Tenant owes A. shall receive additional time due to the inevitable delay due to the Landlord enforcing this order through the Sheriff’s office. No additional time shall be given. 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. or to the LTB in trust:  $15,685.82 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $17,060.82 if the payment is made on or before July 10, 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 July 10, 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 July 10, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $11,881.63. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the L. owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 5  File Number: LTB-L-063718-22 6. The Tenant shall also pay the L. compensation of $45.21 per day for the use of the unit starting May 9, 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 July 10, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 11, 2023 ONLTB 46782 (CanLII) 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 July 10, 2023, then starting July 11, 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 July 11, 2023. June 29, 2023 Date Issued Curtis Begg 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 January 11, 2024 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-063718-22 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 June 30, 2023 2023 ONLTB 46782 (CanLII) Rent Owing To June 30, 2023 $15,499.82 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. 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 $15,685.82 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before July 10, 2023 Rent Owing To July 31, 2023 $16,874.82 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. 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 $17,060.82 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $13,111.50 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 - $1,375.00 Less the amount of the interest on the last month's rent deposit - $40.87 Less the amount the L. owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-063718-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the L. $11,881.63 Plus daily compensation owing for each day of occupation starting $45.21 May 9, 2023 (per day) 2023 ONLTB 46782 (CanLII) Order Page: 5 of 5