LTB Order LTB-L-079210-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Liuna Hamilton Association c/o DMS Property Management Ltd. v Harding, 2023 2023 ONLTB 76805 (CanLII) ONLTB 76805 Date: 2023-11-24 File Number: LTB-L-079210-22 In the matter of: 5, 1169 UPPER WELLINGTON ST HAMILTON ON L9A5A6 Between: Liuna Hamilton Association c/o DMS Property Landlord Management Ltd. A. D.H.D.B.A.M. Tenant May Liuna Hamilton Association c/o DMS Property Management Ltd. (the 'Landlord') applied for an order to terminate the tenancy A. evict D.H.D.B.A.M. May (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on November 6, 2023. Only the Landlord’s legal representative, F. Calcagny, attended the hearing. As of 9:17 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. 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 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. 3. The lawful rent is $1,157.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $38.04. This amount is calculated as follows: $1,157.00 x 12, divided by 365 days. 5. The Tenant has paid $13,658.00 since the application was filed. 6. The rent arrears owing to November 30, 2023 are $198.00. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. Order Page 1 of 3  File Number: LTB-L-079210-22 8. The Landlord collected a rent deposit of $1,054.00 from the Tenant A. 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 $118.61 is owing to the Tenant for the period 2023 ONLTB 76805 (CanLII) from October 1, 2016 to November 6, 2023. 10. 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 A. whether the Landlord attempted to negotiate a repayment agreement with the Tenant A. find that it would not be unfair to grant relief from eviction subject to the conditions set out in this order pursuant to subsection 83(1)(a) A. 204(1) of the Act. 11. The Landlord submitted that the parties entered a repayment plan on consent. I am satisfied that it would not be unfair to grant relief from eviction subject to this repayment plan. It is ordered that: 1. The Tenant shall pay to the Landlord $384.00, which represents the arrears of rent A. the application filing fee outstanding for the period ending November 30, 2023. 2. The Landlord’s application for eviction of the Tenant is denied on the condition that: (a) The Tenant shall make the following payments to the Landlord in respect of the monies owing under paragraph 1 of this order: Date Payment Due Amount of Payment November 18, 2023 $128.00 (costs A. arrears) December 18, 2023 $128.00 (arrears) January 18, 2024 $128.00 (arrears) (b) Commencing December 1, 2023, the Tenant shall also pay the Landlord the lawful rent in full, on or before the first day of each corresponding month for which the Tenant is in the arrears described in paragraph 1. 3. If the Tenant fails to make any of the payments in accordance with paragraph 2, A. by the dates required, then: (a) The Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act’) for an order terminating the tenancy A. evicting the Tenant, A. for the payment of any new arrears of rent A. NSF charges not already ordered under paragraph 1 of this order. The Landlord must make the application within 30 days of a breach of a condition set out in paragraph 2 of this order. Order Page 2 of 3  File Number: LTB-L-079210-22 (b) The balance owing under paragraph 1 of this order shall become payable on the day following the date of default. The monies owing shall bear interest at the post- judgment interest rate determined under subsection 207(7) of the Act. 2023 ONLTB 76805 (CanLII) November 24, 2023 Date Issued Camille Tancioco 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. Order Page 3 of 3