LTB Order LTB-L-065292-23

2023 ONLTB 73825 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: T. v V., 2023 ONLTB 73825 Date: 2023-11-20 File Number: LTB-L-065292-23 In the matter of: 48 Frost Trail Barrie ON L4N4X1 Between: G.T.A.L.T.T. L. A. S. V. Tenant G.T.A.L.T.T. (the 'L.') applied for an order to terminate the tenancy A. evict S. V. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on October 26, 2023. Only the L. A. the Landlord’s Agent, Nha Clark, attended the hearing. As of 10:46 AM, 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 L.' evidence. Determinations: 1. The L. served the Tenant with a valid Notice to End Tenancy Early for Nonpayment 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 $1,867.14. It is due on the 1st day of each month. Order Page 1 of 5  File Number: LTB-L-065292-23 4. Based on the Monthly rent, the daily rent/compensation is $61.39. This amount is calculated as follows: $1,867.14 x 12, divided by 365 days. 5. The Tenant has paid $900.00 to the L. since the application was filed. 6. The rent arrears owing to October 31, 2023, are $5,252.46. 2023 ONLTB 73825 (CanLII) 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 $1,800.00 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 $10.73 is owing to the Tenant for the period from August 1, 2023, to October 26, 2023. Section 83 10. Section 83 requires that we consider all the circumstances, including the Tenant’s A. the Landlord’s situations to determine if it would be appropriate to grant section 83 relief from eviction. 11. The Landlord’s agent advised that the Landlord has tried to reach out to the Tenant for a repayment plan, without success. The Landlord indicated that the Tenant advised he would be attempting to leave by the end of October. 12. The Tenant did not attend the hearing, A. thus did not provide any evidence that may be relevant to my determination under s. 83. 13. We have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (RTA), including whether the Landlord 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. 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: • $7,305.60 if the payment is made on or before November 30, 2023. See Schedule 1 for the calculation of the amount owing. OR Order Page 2 of 5  File Number: LTB-L-065292-23 • $9,172.74 if the payment is made on or before December 1, 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 2023 ONLTB 73825 (CanLII) that became due after December 1, 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 December 1, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $3,356.73. 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. 6. The Tenant shall also pay the L. compensation of $61.39 per day for the use of the unit starting October 27, 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 December 1, 2023, the Tenant will start to owe interest. This will be simple interest calculated from December 2, 2023, at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before December 1, 2023, then starting December 2, 2023, the L. 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 L. on or after December 2, 2023. November 20, 2023 ____________________________ Date Issued Kevin O’Brien Member, Landlord A. Tenant Board ____________________________ Peter Nicholson Member, Landlord 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. Order Page 3 of 5  File Number: LTB-L-065292-23 In accordance with section 81 of the Act, the part of this order relating to the eviction expires on June 2, 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. Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 73825 (CanLII) A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before November 30, 2023 Rent Owing To November 30, 2023 $8,019.60 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $900.00 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 $7,305.60 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before December 1, 2023 Rent Owing To December 31, 2023 $9,886.74 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $900.00 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 $9,172.74 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $5,881.46 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $900.00 application was filed Order Page 4 of 5  File Number: LTB-L-065292-23 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 - $1,800.00 Less the amount of the interest on the last month's rent deposit - $10.73 Less the amount the L. owes the Tenant for an - $0.00 2023 ONLTB 73825 (CanLII) {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the L. $3,356.73 Plus daily compensation owing for each day of occupation starting $61.39 October 27, 2023 (per day) Order Page 5 of 5