LTB Order LTB-L-076076-22

2023 ONLTB 46172 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: D.V.D. v L. V., 2023 ONLTB 46172 Date: 2023-06-28 File Number: LTB-L-076076-22 In the matter of: 606 HELEN ST THUNDER BAY ON P7A4T2 Between: D.V.D. Landlord A. L.V.A.R.P. Tenants D.V.D. (the 'Landlord') applied for an order to terminate the tenancy A. evict L. V. A. R. P. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on June 5, 2023. Only the Landlord's Legal Representative, Curt Anderson, attended the hearing. As of 1:39 a.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 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 Tenant was still in possession of the rental unit. Order Page: 1 of 5  File Number: LTB-L-076076-22 3. The lawful rent is $1,213.00, effective May 1, 2023; it was $1,184.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $39.88. This amount is calculated as follows: $1,213.00 x 12, divided by 365 days. 2023 ONLTB 46172 (CanLII) 5. The Tenants have paid $7,533.00 to the Landlord since the application was filed. 6. The rent arrears owing to June 30, 2023 are $1,987.00. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would not be unfair to postpone the eviction until July 16, 2023 pursuant to subsection 83(1)(b) of the Act. The Landlord's Legal Representative submitted that due to the good faith efforts of the Tenants to pay the arrears a short extension past the standard 11-day voidable order would be reasonable. I accept Representative’s submission. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $2,173.00 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $3,386.00 if the payment is made on or before July 16, 2023. 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 have paid the full amount owing as ordered plus any additional rent that became due after July 16, 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 move out of the rental unit on or before July 16, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $1,159.40. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 5  File Number: LTB-L-076076-22 6. The Tenants shall also pay the Landlord compensation of $39.88 per day for the use of the unit starting June 6, 2023 until the date the Tenant moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before July 16, 2023, the Tenants will start to owe interest. This will be simple interest calculated from July 17, 2023 at 6.00% annually on the balance outstanding. 2023 ONLTB 46172 (CanLII) 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 July 16, 2023, then starting July 17, 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 July 17, 2023. June 28, 2023 ____________________________ Date Issued Diane Wade Member, Landlord 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 10, 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 date of the notice Order Page: 3 of 5  File Number: LTB-L-076076-22 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 46172 (CanLII) Rent Owing To June 30, 2023 $9,520.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,533.00 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 $2,173.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before July 9, 2023 Rent Owing To July 31, 2023 $10,733.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,533.00 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 $3,386.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $8,506.40 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,533.00 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 Order Page: 4 of 5  File Number: LTB-L-076076-22 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 $1,159.40 Plus daily compensation owing for each day of occupation starting $39.88 2023 ONLTB 46172 (CanLII) June 6, 2023 (per day) Order Page: 5 of 5