LTB Order LTB-L-071267-22

2023 ONLTB 46351 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: CityHousing Hamilton Corp v A. R., 2023 ONLTB 46351 Date: 2023-06-29 File Number: LTB-L-071267-22 In the matter of: 102-77 PURNELL DR HAMILTON ON L9C4Y4 Between: City Housing Hamilton Corp Landlord And A. R. F. J. Tenants City Housing Hamilton Corp (the 'Landlord') applied for an order to terminate the tenancy and evict A. R. and F. J. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on June 6, 2023. Only the Landlord's legal representative, S. Churcher attended the hearing. As of 11:32am, 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 Landlord's evidence. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment 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 $639.00. It is due on the 1st day of each month. Order Page: 1 of 5  File Number: LTB-L-071267-22 4. Based on the Monthly rent, the daily rent/compensation is $21.01. This amount is calculated as follows: $639.00 x 12, divided by 365 days. 5. The Tenants have paid $4,473.00 to the Landlord since the application was filed. 6. The rent arrears owing to June 30, 2023 are $2,242.00. 2023 ONLTB 46351 (CanLII) 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. As noted, the Tenants did not attend the hearing of this matter and thus we did not have the opportunity to hear their evidence regarding their circumstances. or to dispute the Landlord’s application for an eviction order. 10. The Landlord's legal representative testified that the Tenants submitted their application to apply for the Housing Stability Benefit with the City of Hamilton, but the Landlord was unsure whether the application had been processed. The Housing Stability Benefit helps individuals with low income maintain their housing by helping pay off rental arrears. 11. The Landlord's legal representative suggested delaying the eviction date 30 days from the date of the order is issued to allow time for the processing of the Housing Stability Benefit application. 12. we agree with this suggestion and find that postponing the eviction date for 30 days will give the Tenants an opportunity to receive the assistance they require to pay off the rental arrears. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $2,428.00 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $3,067.00 if the payment is made on or before July 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $3,706.00 if the payment is made on or before August 10, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 5  File Number: LTB-L-071267-22 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 have paid the full amount owing as ordered plus any additional rent that became due after August 10, 2023 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 2023 ONLTB 46351 (CanLII) move out of the rental unit on or before August 10, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $1,915.06. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $21.01 per day for the use of the unit starting June 7, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before July 10, 2023, the Tenants will start to owe interest. This will be simple interest calculated from July 11, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord or the Tenants 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 August 10, 2023, then starting August 11, 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 August 11, 2023. June 29, 2023 ____________________________ Date Issued Ajay Grewal Member, Landlord and Tenant Board\ ____________________________ Curtis Begg 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. Order Page: 3 of 5  File Number: LTB-L-071267-22 In accordance with section 81 of the Act, the part of this order relating to the eviction expires on February 11, 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the 2023 ONLTB 46351 (CanLII) date of the notice 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 June 30, 2023 Rent Owing To June 30, 2023 $6,715.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $4,473.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord 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 $2,428.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before July 31, 2023 Rent Owing To July 31, 2023 $7,354.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $4,473.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord 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 $3,067.00 C. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before August 10, 2023 Rent Owing To August 31, 2023 $7,993.00 Application Filing Fee $186.00 NSF Charges $0.00 Order Page: 4 of 5  File Number: LTB-L-071267-22 Less the amount the Tenant paid to the Landlord since the - $4,473.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 2023 ONLTB 46351 (CanLII) 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 $3,706.00 D. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $6,202.06 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $4,473.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $1,915.06 Plus daily compensation owing for each day of occupation starting $21.01 June 7, 2023 (per day) Order Page: 5 of 5