LTB Order LTB-L-070599-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: C.F. v K. W., 2023 ONLTB 46796 2023 ONLTB 46796 (CanLII) Date: 2023-06-30 File Number: LTB-L-070599-22 In the matter of: 1, 536 LINCOLN ST East WELLAND ON L3B4P4 Between: C.F. L. A. K. W. Tenant C.F. (the 'L.') applied for an order to terminate the tenancy A. evict K. W. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 9, 2023. The L. A. the L.’s Legal Representative, R. Barber 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 $860.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $28.27. This amount is calculated as follows: $860.00 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 May 31, 2023 are $6,880.00. 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 $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 $96.11 is owing to the Tenant for the period from October 1, 2015 to May 9, 2023. Order Page: 1 of 5  File Number: LTB-L-070599-22 Relief from eviction 10. The Tenant testified that he had his rent money stolen by three men he alleges were sent by the L.. He testified that the men entered the unit on December 3, 2022 demanding rent money A. said if he didn’t, they would come the next day to remove him 2023 ONLTB 46796 (CanLII) from the unit. He handed over the approximately 2 months of rent he had in an envelope. 11. The Tenant testified that he is leaving the unit A. isn’t looking to suggest a payment plan A. is agreeable to a standard order. He testified that he is disputing the two months of rent he alleges the L., through the three men that attended his unit, stole from him. 12. Upon cross-examination, the Tenant testified that he told some of his friends that he was withholding rent. He testified that the men who came to his unit were not wearing disguises A. he did not report the incident to the police. 13. The L. denies that he sent any one to the unit to steal anything from the Tenant. 14. Based on the evidence before me, on a balance of probabilities, I do not find that the L. was involved in the incident that took place at the Tenant’s unit on December 3, 2023. It makes little sense to me that the three men would identify themselves as being sent by the L., wearing nothing to conceal their appearance, A. demand rent money, a couple of days after the L. had already started the legal process to terminate the Tenancy A. collect the rent owed. The Tenant did not submit any evidence to support that he reported this incident to the police. As such, I am not persuaded that the L. had anything to do with this incident. The Tenant testified that some of his friends were aware that he had some rent money at his unit, A. although it may be hard for the Tenant to believe, I agree with the L.’s representative’s submission that his friends could just as likely be behind the theft. 15. 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. The Tenant testified that he is vacating the rental unit. 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:  $7,926.00 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $8,786.00 if the payment is made on or before July 11, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 5  File Number: LTB-L-070599-22 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 11, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 2023 ONLTB 46796 (CanLII) 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 11, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $5,564.32. 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 $28.27 per day for the use of the unit starting May 10, 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 11, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 12, 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 11, 2023, then starting July 12, 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 12, 2023. June 30, 2023 Date Issued Emily Robb 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 12, 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-070599-22 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 46796 (CanLII) Rent Owing To June 30, 2023 $7,740.00 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 $7,926.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before July 11, 2023 Rent Owing To July 31, 2023 $8,600.00 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 $8,786.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $6,274.43 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 - $800.00 Less the amount of the interest on the last month's rent deposit - $96.11 Less the amount the L. owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-070599-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the L. $5,564.32 Plus daily compensation owing for each day of occupation starting $28.27 May 10, 2023 (per day) 2023 ONLTB 46796 (CanLII) Order Page: 5 of 5