LTB Order LTB-L-078664-22

2023 ONLTB 41201 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: The Effort Trust Company v G.H., 2023 ONLTB 41201 Date: 2023-06-06 File Number: LTB-L-078664-22 In the matter of: 304, 33 KING ST E DUNDAS ON L9H5R1 Between: The Effort Trust Company Landlord And G.H. Tenant The Effort Trust Company (the 'Landlord') applied for an order to terminate the tenancy and evict G.H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 25, 2023. Only the Landlord Kimberly Holleran attended the hearing. As of 10:49 a.m., the Tenant was 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. Since the Tenant did not attend and the Landlord was prepared to proceed, the matter proceeded by way of an uncontested hearing pursuant to section 7 of the Statutory Powers Procedure Act, R.S.O. 1990. Determinations: 1. At the hearing the Landlord’s Legal Representative relied on oral submissions and referred to documents to support their application. 2. 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. Order Page: 1 of 4  File Number: LTB-L-078664-22 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent was $1,240.00 and it increased to $1,271.00 on January 1, 2023. It is due on the 1st day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $41.79. This amount is 2023 ONLTB 41201 (CanLII) calculated as follows: $1,271.00 x 12, divided by 365 days. 6. The Tenant has paid $3,720.00 to the Landlord since the application was filed. 7. The rent arrears owing to May 31, 2023 are $20,259.00. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $1,200.00 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. 10. Interest on the rent deposit, in the amount of $67.76 is owing to the Tenant for the period from July 2, 2019 to May 25, 2023. 11. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including whether the Landlord attempted to negotiate a payment agreement with the Tenant. The Landlord submitted that ongoing discussions were had with the Tenant in an effort to reach an agreement although they did not succeed. I asked the Landlord if they were aware of any circumstances the Tenant may be experiencing that would make eviction unfair. The Landlord advised me the Tenant had broken his hip in April of 2023 and is a senior. The Landlord sought an extended termination date of June 30, 2023 recognizing the Tenant had been struggling. 12. Since the Tenant did not attend the hearing to provide any evidence or submissions in support of delaying or denying eviction, I find the Landlord’s request reasonable and that it would not be unfair to postpone the eviction until June 30, 2023 pursuant to subsection 83(1)(b) of the Act. 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: • $21,716.00 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 Order Page: 2 of 4  File Number: LTB-L-078664-22 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 2023 ONLTB 41201 (CanLII) 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $18,950.99. 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 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 $41.79 per day for the use of the unit starting May 26, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before June 17, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 18, 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 6, 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. Schedule 1 SUMMARY OF CALCULATIONS Order Page: 3 of 4  File Number: LTB-L-078664-22 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 $25,250.00 Application Filing Fee $186.00 NSF Charges $0.00 2023 ONLTB 41201 (CanLII) Less the amount the Tenant paid to the Landlord since the - $3,720.00 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 $21,716.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $23,752.75 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $3,720.00 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 - $1,200.00 Less the amount of the interest on the last month's rent deposit - $67.76 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 $18,950.99 Plus daily compensation owing for each day of occupation starting $41.79 May 26, 2023 (per day) Order Page: 4 of 4