LTB Order LTB-L-078850-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 45843 (CanLII) Citation: X.W. v J.C., 2023 ONLTB 45843 Date: 2023-06-30 File Number: LTB-L-078850-22 In the matter of: 24 KEATS DR BARRIE ON L4N6C9 Between: X.W. Landlord And J.C. Tenant X.W. (the 'Landlord') applied for an order to terminate the tenancy and evict J. C. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on June 7, 2023. The Landlord’s representative, Cuiwen Hu, attended the hearing. As of 4:41 pm, 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. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. The Landlord served the Tenant with a valid Notice to End the Tenancy Early for Nonpayment 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. 3. The lawful rent is $3,590.00. It is due on the 1st day of each month. 4. Based on the monthly rent, the daily rent/compensation is $118.03. This amount is calculated as follows: $3,590.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to June 30, 2023 are $28,720.00. Order Page: 1 of 5  File Number: LTB-L-078850-22 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 $3,590.00 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. 2023 ONLTB 45843 (CanLII) 9. Interest on the rent deposit, in the amount of $46.47 is owing to the Tenant for the period from December 1, 2022 to June 7, 2023. 10. The Landlord’s representative submitted that the Landlord sent an email to the Tenant on May 30, 2023 offering an arrears payment plan to the Tenant; however, the Tenant never responded to the Landlord’s offer. Given the amount of rent arrears owing and damage to the unit, the representative requested an expedited eviction of the Tenant. 11. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant, and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 12. The Landlord’s representative was not aware of any circumstances that should be considered in a determination of whether to provide the Tenant with eviction relief, nor was the Tenant or her representative present at the hearing to provide submissions with respect to the Tenant’s relief from eviction. For these reasons, it would be unfair to the Landlord to grant the Tenant with eviction relief. 13. I accept that the Tenant has substantial rent arrears, and that these arrears pose a financial hardship for the Landlord. However, the Landlord did not establish that the Tenant is responsible for an urgent problem in the unit that is a serious health or safety issue, or that the Tenant is involved in a serious illegal act in the unit. For this reason, and pursuant to s. 84 of the Act, the Landlord’s request for an expedited eviction order is denied. 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: • $28,906.00 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR Order Page: 2 of 5  File Number: LTB-L-078850-22 • $32,496.00 if the payment is made on or before July 11, 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 July 11, 2023 but before the Court Enforcement Office (Sheriff) 2023 ONLTB 45843 (CanLII) 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 July 11, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $22,505.74. 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 $118.03 per day for the use of the unit starting June 8, 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 July 11, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 12, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before July 11, 2023, then starting July 12, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. 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 12, 2023. June 30, 2023 ____________________________ Date Issued Frank Ebner 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 12, 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 5  File Number: LTB-L-078850-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if 2023 ONLTB 45843 (CanLII) the payment is made on or before June 30, 2023 Rent Owing To June 30, 2023 $28,720.00 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 $28,906.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before July 11, 2023 Rent Owing To July 31, 2023 $32,310.00 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 $32,496.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $25,956.21 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 - $3,590.00 Order Page: 4 of 5  File Number: LTB-L-078850-22 Less the amount of the interest on the last month's rent deposit - $46.47 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 $22,505.74 2023 ONLTB 45843 (CanLII) Plus daily compensation owing for each day of occupation starting $118.03 June 8, 2023 (per day) Order Page: 5 of 5