LTB Order LTB-L-065029-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 27151 (CanLII) Citation: Ottawa Community Housing Corp. v A., 2023 ONLTB 27151 Date: 2023-04-05 File Number: LTB-L-065029-22 In the matter of: 102, 340 GLOUCESTER ST OTTAWA ON K1R1A8 Between: Ottawa Community Housing Corp. Landlord And N.A. Tenants Luc A. Ottawa Community Housing Corp. (the 'Landlord') applied for an order to terminate the tenancy and evict N.A. and Luc A. (the 'Tenant') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 14, 2023. The Landlord’s Agent S. Furlotte and the Tenant Luc A. 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 $1,009.00. It is due on the first day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $33.17. This amount is calculated as follows: $1,009.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to March 31, 2023 are $12,842.00. Order Page: 1 of 4  File Number: LTB-L-065029-22 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 2023 ONLTB 27151 (CanLII) 9. The Landlord agreed with the Tenant request to delay eviction so that the Tenant may seek to have the rent subsidy reviewed and to seek assistance from a rent bank to determine if they qualify to have some or all of the arrears reduced or paid off. Therefore, I determined that delaying eviction to the end of May 2023 would be fair in all the circumstances. The Tenant did acknowledge that they could not afford the rent at this time, and that there are extenuating medical circumstances that led to the arrears to date. 10. 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. 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: • $14,037.00 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $15,046.00 if the payment is made on or before May 31, 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 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 $12,497.29. 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 $33.17 per day for the use of the unit starting March 15, 2023 until the date the Tenant moves out of the unit. Order Page: 2 of 4  File Number: LTB-L-065029-22 7. If the Tenant does not pay the Landlord the full amount owing on or before April 16, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 18, 2023 at 6.00% annually on the balance outstanding. 2023 ONLTB 27151 (CanLII) 8. 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. 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 1, 2023. April 5, 2023 ____________________________ Date Issued Robert Patchett Vice Chair, 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 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 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 April 30, 2023 Rent Owing To April 30, 2023 $13,851.00 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} Order Page: 3 of 4  File Number: LTB-L-065029-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $14,037.00 B. 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 27151 (CanLII) Rent Owing To May 31, 2023 $14,860.00 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 $15,046.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $12,311.28 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} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $12,497.28 Plus daily compensation owing for each day of occupation starting $33.17 March 15, 2023 (per day) Order Page: 4 of 4