LTB Order LTB-L-070772-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 38403 (CanLII) Citation: M.C. v B.M., 2023 ONLTB 38403 Date: 2023-05-18 File Number: LTB-L-070772-22 In the matter of: 910, 400 LYLE ST LONDON ON N5W0B9 Between: M.C. Landlord And B.M. Tenant M.C. (the 'Landlord') applied for an order to terminate the tenancy and evict B.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 10, 2023. Only the Landlord’s Legal Representative Melissa Anjema attended the hearing. The Tenant originally singed into the virtual hearing but disconnected at 9:56 a.m. I waited over 90 minutes in the event the Tenant was having connection issues and needed to change locations in order to reconnect. As of 11:38 a.m., the Tenant had not returned to the virtual hearing. I received no information that the Tenant was experiencing connection issues or any other circumstance that would prevent him from returning. The Landlord’s Legal Representative submitted that they included the Board’s memo relating to connection issues with their evidence package to the Tenant. Since the Tenant did not attend and the Landlord was prepared to proceed, the matter proceeded by way of an uncontested hearing pursuant to section 7 of the Statutory Powers Procedure Act, R.S.O. 1990. Determinations: 1. At the hearing the Landlord’s Legal Representative relied on oral submissions and referred to documents to support their application. 2. 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. 3. As of the hearing date, the Tenant was still in possession of the rental unit. Order Page: 1 of 4  File Number: LTB-L-070772-22 4. The lawful rent was $1,700.00 and it increased to $1,742.50 on May 1, 2023. It is due on the 1st day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $57.29. This amount is calculated as follows: $1,742.50 x 12, divided by 365 days. 6. The Tenant has paid $2,750.00 to the Landlord since the application was filed. 2023 ONLTB 38403 (CanLII) 7. The rent arrears owing to May 31, 2023 are $14,362.50. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $1,700.00 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. 10. Interest on the rent deposit, in the amount of $16.93 is owing to the Tenant for the period from May 2, 2022 to May 10, 2023. 11. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including whether the Landlord attempted to negotiate a payment agreement with the Tenant. The Landlord submitted that ongoing efforts were made to contact the Tenant to discuss a payment agreement but the Tenant did not respond. I asked the Landlord if they were aware of any circumstances the Tenant may be experiencing that would make eviction unfair and they were aware of none. I find 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 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: • $14,548.50 if the payment is made on or before May 29, 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 29, 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 29, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $11,661.97. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord 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 4  File Number: LTB-L-070772-22 6. The Tenant shall also pay the Landlord compensation of $57.29 per day for the use of the unit starting May 11, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before May 29, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 30, 2023 at 6.00% annually on the balance outstanding. 2023 ONLTB 38403 (CanLII) 8. The Landlord 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 May 29, 2023, then starting May 30, 2023, the Landlord 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 Landlord on or after May 30, 2023. May 18, 2023 ____________________________ Date Issued John Cashmore Member, 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 November 30, 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. Order Page: 3 of 4  File Number: LTB-L-070772-22 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 May 29, 2023 Rent Owing To May 31, 2023 $17,112.50 2023 ONLTB 38403 (CanLII) Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $2,750.00 application was filed Total the Tenant must pay to continue the tenancy $14,548.50 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $15,942.90 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $2,750.00 application was filed Less the amount of the last month's rent deposit - $1,700.00 Less the amount of the interest on the last month's rent deposit - $16.93 Total amount owing to the Landlord $11,661.97 Plus daily compensation owing for each day of occupation starting $57.29 May 11, 2023 (per day) Order Page: 4 of 4