LTB Order LTB-L-076737-22

2023 ONLTB 41193 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: T.D.O.T.B.S. Services Administration Board v M.K., 2023 ONLTB 41193 Date: 2023-06-08 File Number: LTB-L-076737-22 In T. matter of: 232 BLUCHER AVE T. B. ON P7B4Y9 Between: T.D.O.T.B.S. Landlord Services Administration Board And M.K. Tenant T.D.O.T.B.S. Services Administration Board (T. 'Landlord') applied for an order to terminate T. tenancy and evict M.K. (T. 'Tenant') because T. Tenant did not pay T. rent that T. Tenant owes. This application was heard by videoconference on May 25, 2023. Only T. Landlord’s agent, Betty McConkey-Kennelly, attended T. hearing. As of 1:30pm, T. Tenant was not present or represented at T. hearing although properly served with notice of this hearing by T. LTB. There was no record of a request to adjourn T. hearing. As a result, T. hearing proceeded with only T. Landlord's evidence. Determinations: 1. T. Landlord served T. Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). T. Tenant did not void T. notice by paying T. amount of rent arrears owing by T. termination date in T. N4 Notice or before T. date T. application was filed. 2. As of T. hearing date, T. Tenant was still in possession of T. rental unit. 3. T. lawful rent is $418.00. It is due on T. 1st day of each month. Order Page: 1 of 4  File Number: LTB-L-076737-22 4. Based on T. Monthly rent, T. daily rent/compensation is $13.74. This amount is calculated as follows: $418.00 x 12, divided by 365 days. 5. T. Tenant has paid $1,210.00 to T. Landlord since T. application was filed. 6. T. rent arrears owing to May 31, 2023 are $3,904.00. 2023 ONLTB 41193 (CanLII) 7. T. Landlord incurred costs of $186.00 for filing T. application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. T. Tenant did not attend T. hearing to make submissions regarding their unique circumstances to consider any relief from eviction. 10. T. Landlord has tried reaching out to T. Tenant by attending T. unit and knocking on T. door. T. Landlord’s Tenant Support Worker has also tried leaving cards and prompts for T. Tenant to reach out to work out a payment plan. T. Tenant does not respond to T. Landlord of T. support worker. 11. T. unit is rent-geared-to-income and T. monthly rent had been reassessed and a credit was provided to T. Tenant on October 27, 2022 prior to T. application being filed. Despite this, T. Tenant continues to accumulate arrears and does not make any efforts to reach out to T. Landlord regarding T. arrears to find a viable solution to preserve T. tenancy. 12. I have considered all of T. disclosed circumstances in accordance with subsection 83(2) of T. Residential Tenancies Act, 2006 (T. 'Act'), including T. impact of COVID-19 on T. parties and whether T. Landlord attempted to negotiate a repayment agreement with T. Tenant, and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of T. Act. It is ordered that: 1. T. tenancy between T. Landlord and T. Tenant is terminated unless T. Tenant voids this order. 2. T. Tenant may void this order and continue T. tenancy by paying to T. Landlord or to T. LTB in trust: • $4,508.00 if T. payment is made on or before June 19, 2023. See Schedule 1 for T. calculation of T. amount owing. 3. T. Tenant may also make a motion at T. LTB to void this order under section 74(11) of T. Act, if T. Tenant has paid T. full amount owing as ordered plus any additional rent that became due after June 19, 2023 but before T. Court Enforcement Office (Sheriff) enforces T. eviction. T. Tenant may only make this motion once during T. tenancy. 4. If T. Tenant does not pay T. amount required to void this order T. Tenant must move out of T. rental unit on or before June 19, 2023 Order Page: 2 of 4  File Number: LTB-L-076737-22 5. If T. Tenant does not void T. order, T. Tenant shall pay to T. Landlord $4,015.50. This amount includes rent arrears owing up to T. date of T. hearing and T. cost of filing T. application. See Schedule 1 for T. calculation of T. amount owing. 6. T. Tenant shall also pay T. Landlord compensation of $13.74 per day for T. use of T. unit starting May 26, 2023 until T. date T. Tenant moves out of T. unit. 2023 ONLTB 41193 (CanLII) 7. If T. Tenant does not pay T. Landlord T. full amount owing on or before June 19, 2023, T. Tenant will start to owe interest. This will be simple interest calculated from June 20, 2023 at 6.00% annually on T. balance outstanding. 8. T. Landlord or T. Tenant shall pay to T. other any sum of money that is owed as a result of this order. 9. If T. unit is not vacated on or before June 19, 2023, then starting June 20, 2023, T. Landlord may file this order with T. Court Enforcement Office (Sheriff) so that T. eviction may be enforced. 10. Upon receipt of this order, T. Court Enforcement Office (Sheriff) is directed to give vacant possession of T. unit to T. Landlord on or after June 20, 2023. June 8, 2023 ____________________________ Terri van Huisstede Date Issued 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 T. Act, T. part of this order relating to T. eviction expires on December 20, 2023 if T. order has not been filed on or before this date with T. Court Enforcement Office (Sheriff) that has territorial jurisdiction where T. rental unit is located. *Note: When T. Board directs payment-out, T. Canadian Imperial Bank of Commerce will issue a cheque to T. appropriate party named in this notice. T. cheque will be in T. amount directed plus any interest accrued up to T. date of T. notice Schedule 1 SUMMARY OF CALCULATIONS A. Amount T. Tenant must pay to void T. eviction order and continue T. tenancy if T. payment is made on or before June 19, 2023 Rent Owing To June 30, 2023 $5,532.00 Application Filing Fee $186.00 NSF Charges $0.00 Less T. amount T. Tenant paid to T. Landlord since T. - $1,210.00 application was filed Order Page: 3 of 4  File Number: LTB-L-076737-22 Less T. amount T. Tenant paid into T. LTB since T. - $0.00 application was filed Less T. amount T. Landlord owes T. Tenant for - $0.00 an{abatement/rebate} 2023 ONLTB 41193 (CanLII) Less T. amount of T. credit that T. Tenant is entitled to - $0.00 Total T. Tenant must pay to continue T. tenancy $4,508.00 B. Amount T. Tenant must pay if T. tenancy is terminated Rent Owing To Hearing Date $5,039.50 Application Filing Fee $186.00 NSF Charges $0.00 Less T. amount T. Tenant paid to T. Landlord since T. - $1,210.00 application was filed Less T. amount T. Tenant paid into T. LTB since T. - $0.00 application was filed Less T. amount of T. last month's rent deposit - $0.00 Less T. amount of T. interest on T. last month's rent deposit - $0.00 Less T. amount T. Landlord owes T. Tenant for an - $0.00 {abatement/rebate} Less T. amount of T. credit that T. Tenant is entitled to - $0.00 Total amount owing to T. Landlord $4,015.50 Plus daily compensation owing for each day of occupation starting $13.74 May 26, 2023 (per day) Order Page: 4 of 4