Evictly

LTB Order LTB-L-070965-25

Rental unit
LOWER, 17 CHURCHLAND DR BARRIE ON L4N8R6
Landlord
C.R.
Tenant
D.B.O.L.B.C.R.L.N.A.A.R.W.
RTA section
s. 69
Order under Section 69 Residential Tenancies Act, 2006 File Number: LTB-L-070965-25 In the matter of: LOWER, 17 CHURCHLAND DR B. ON L4N8R6 Between: C.R. L. N. 05, 2025 A. A. R. W. Tenants Samantha Girard C.R. (the 'L.') applied for an order to terminate the tenancy A. evict A. R. W. A. Samantha Girard (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on October 29, 2025. Only the L. attended the hearing. As of 9:46a.m., the Tenants were 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.'s evidence. Determinations: 1. The L. served the Tenants with a valid Notice to End Tenancy Early for Non- payment of Rent (N4 Notice). The Tenants 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 Tenants were still in possession of the rental unit. 3. The lawful rent is $1,700.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $55.89. This amount is calculated as follows: $1,700.00 x 12, divided by 365 days. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to October 31, 2025 are $5,100.00. Order Page 1 of 4 File Number: LTB-L-070965-25 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 $1,900.00 from the Tenants 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 $124.02 is owing to the Tenants for the period from March 21, 2023 to October 29, 2025. 10. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (the 'Act'), including whether the L. attempted to negotiate a repayment agreement with the Tenants, A. find the L. did attempt to negotiate repayment of the arrears of rent. In making this finding I considered the L.’s uncontested evidence that the L. reached out to the Tenants A. the Tenants did not respond in a fruitful manner. 11. As the Tenanst did not attend A. no other circumstances were presented to me, 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 L. A. the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $6,986.00 if the payment is made on or before November 16, 2025. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants has paid the full amount owing as ordered plus any additional rent that became due after November 16, 2025 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before November 16, 2025. 5. If the Tenants do not void the order, the Tenants shall pay to the L. $3,182.79. 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 Tenants. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the L. compensation of $55.89 per day for the use of the unit starting October 30, 2025 until the date the Tenants moves out of the unit. Order Page 2 of 4 File Number: LTB-L-070965-25 7. If the Tenants do not pay the L. the full amount owing on or before November 16, 2025, the Tenants will start to owe interest. This will be simple interest calculated from November 17, 2025 at 4.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 16, 2025, then starting November 17, 2025, 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 November 17, 2025. November 5, 2025 ____________________________ Date Issued Panagiotis P. Roupas 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 May 17, 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-070965-25 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before November 16, 2025 Rent Owing To November 30, 2025 $6,800.00 Application Filing Fee $186.00 Total the Tenants must pay to continue the tenancy $6,986.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $5,020.81 Application Filing Fee $186.00 Less the amount of the last month's rent deposit - $1,900.00 Less the amount of the interest on the last month's rent deposit - $124.02 Total amount owing to the L. $3,182.79 Plus daily compensation owing for each day of occupation starting $55.89 October 30, 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