LTB Order LTB-L-078250-22

2023 ONLTB 41467 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Tom Bellows C/O Kente Property Management v C.S., 2023 ONLTB 41467 Date: 2023-06-02 File Number: LTB-L-078250-22 In the matter of: 6, 19 YEOMANS ST BELLEVILLE ON K8P3X1 Between: Tom Bellows C/O Kente Property Landlord Management And C.S. Tenant Tom Bellows C/O Kente Property Management (the 'Landlord') applied for an order to terminate the tenancy and evict C.S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 25, 2023. The Landlord’s Legal Representative Ian MacInnis and the Tenant C.S. attended the hearing. At the hearing, the parties consented to the following order. I was satisfied the parties understood the consequences of the joint position. Determinations: 1. 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. 2. As of the hearing date, the Tenant was still in possession of the rental unit. Order Page: 1 of 4  File Number: LTB-L-078250-22 3. The lawful rent was $1,034.26 and it increase to $1,060.12 on January 1, 2023. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $34.85. This amount is calculated as follows: $1,060.12 x 12, divided by 365 days. 2023 ONLTB 41467 (CanLII) 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to May 31, 2023 are $13,262.42. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,000.00 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. 9. Interest on the rent deposit, in the amount of $21.93 is owing to the Tenant for the period from January 1, 2022 to May 25, 2023. 10. The Landlord attempted to negotiate a payment agreement with the Tenant but the Tenant did not respond. 11. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until June 30, 2023 pursuant to subsection 83(1)(b) of the Act. The parties consented to this finding and jointly requested this voidable termination date. 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: • $14,508.54 if the payment is made on or before June 30, 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 June 30, 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 June 30, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $12,237.62. 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 Order Page: 2 of 4  File Number: LTB-L-078250-22 deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $34.85 per day for the use of the unit starting May 26, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 41467 (CanLII) 7. If the Tenant does not pay the Landlord the full amount owing on or before June 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 1, 2023 at 6.00% annually on the balance outstanding. 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 June 30, 2023, then starting July 1, 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 1, 2023. June 2, 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 January 1, 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. Order Page: 3 of 4  File Number: LTB-L-078250-22 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 June 30, 2023 2023 ONLTB 41467 (CanLII) Rent Owing To June 30, 2023 $14,322.54 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 $14,508.54 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $13,073.55 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 - $1,000.00 Less the amount of the interest on the last month's rent deposit - $21.93 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 $12,237.62 Plus daily compensation owing for each day of occupation starting $34.85 May 26, 2023 (per day) Order Page: 4 of 4