LTB Order LTB-L-070464-25

Order under Section 69 Residential Tenancies Act, 2006 File Number: LTB-L-070464-25 In the matter of: 512, 3401 WEINBRENNER RD NIAGARA FALLS ON L2G7K6 Between: Weinbrenner Place Inc Landlord NOV. 4, 2025 And D.G. Tenant Weinbrenner Place Inc (the 'Landlord') applied to the Landlord and Tenant Board (LTB) for an order to terminate the tenancy and evict D.G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The application was scheduled to be heard on October 28, 2025, by video conference, at which time the parties decided to participate in Board facilitated mediation with the assistance of Dispute Resolution Officer/Hearings Officer, Dillanique Knight. The Landlord agent Gabriela Butera, the Tenant Agent Taneesha G. and the Tenant were present. As a result of the mediation the parties mutually agreed to resolve all matters at issue in the application and requested an order on consent and I am satisfied that the parties understand the consequences of their consent. Agreed Facts: 1. The Landlord served the Tenant with a 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 $2,235.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $73.48. This amount is calculated as follows: $2,235.00 x 12, divided by 365 days. 5. The Tenant has paid $4,470.00 to the Landlord since the application was filed. 6. The rent arrears owing to October 31, 2025, are $2,235.00. Order Page 1 of 4  File Number: LTB-L-070464-25 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,235.00 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 $57.87 is owing to the Tenant for the period from October 16, 2024, to October 28, 2025. It is ordered on consent that: 1. The Tenant owes the Landlord $2,421.00 for arrears of rent to October 31, 2025, and the cost of filing the application. 2. The Tenant shall pay rent for November 2025 on or before November 1, 2025 3. The Tenant shall pay rent for December 2025 on or before December 1, 2025 4. If the Tenant fails to make any one of the payments in accordance with paragraphs 2-3 of this order, the outstanding balance of any arrears of rent and costs to be paid by the Tenants to the Landlord pursuant to paragraph 1 of this order shall become immediately due and owing and the Landlord may, without notice to the Tenants, apply to the LTB within 30 days of the Tenants’ breach pursuant to section 78 of the Act for an order terminating the tenancy and evicting the Tenants and requiring that the Tenants pay any new arrears, NSF fees and related charges that became owing after October 31, 2025. 5. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 6. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • Rent as outlined in paragraph 2 and $2,421.00 if the payment is made on or before November 30, 2025. See Schedule 1 for the calculation of the amount owing. OR • Rent as outlined in paragraphs 2 and 3 and $2,421.00 if the payment is made on or before December 31, 2025. See Schedule 1 for the calculation of the amount owing. 7. 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 December 31, 2025, but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 8. 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 31, 2025. 9. As of the date of the hearing, the amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent, compensation and the cost of filing Order Page 2 of 4  File Number: LTB-L-070464-25 the application the Landlord is entitled to by $49.43. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $73.48 per day for compensation for the use of the unit starting October 29, 2025 until the date the Tenant moves out of the unit. 10. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 11. If the unit is not vacated on or before December 31, 2025, then starting January 1, 2026, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 12. 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 January 1, 2026. November 4, 2025 ____________________________ Date Issued Dillanique Knight Hearings Officer, 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 July 1, 2026 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 4  File Number: LTB-L-070464-25 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 November 30, 2025 Rent Owing To November 30, 2025 $8,940.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $4,470.00 application was filed Less the amount the Tenant paid for rent for November - $2,235.00 2025 Total the Tenant must pay to continue the tenancy $2,421.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before December 31, 2025 Rent Owing To December 31, 2025 $11,175.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $4,470.00 application was filed Less the amount the Tenant paid for rent for November 2025 -$2,235.00 Less the amount the Tenant paid for rent for December 2025 -$2,235.00 Total the Tenant must pay to continue the tenancy $2,421.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $6,527.44 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $4,470.00 application was filed Less the amount of the last month's rent deposit - $2,235.00 Less the amount of the interest on the last month's rent deposit - $57.87 Total amount owing to the Landlord $(49.43) Plus daily compensation owing for each day of occupation starting $73.48 October 29, 2025 (per day) **Ongoing daily compensation continues to accumulate until the total amount owing (excluding costs) is $50,000.00. Order Page 4 of 4