LTB Order LTB-L-081313-22

2023 ONLTB 28009 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: K. v B., 2023 ONLTB 28009 Date: 2023-03-28 File Number: LTB-L-081313-22 In the matter of: 1168 HAVENDALE BLVD BURLINGTON ON L7P3E3 Between: S.K.A.V.K. L. A. J. B. Tenant S.K.A.V.K. (the 'L.') applied for an order to terminate the tenancy A. evict J. B. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The L. also claimed charges related to NSF cheques. This application was heard by videoconference on March 20, 2023. Only the L., represented by Catherine Salgado, attended the hearing. As of 10:15am, 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 L.'s evidence. Determinations: 1. The L. 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 $4,975.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $163.56. This amount is calculated as follows: $4,975.00 x 12, divided by 365 days. Order Page: 1 of 5  File Number: LTB-L-081313-22 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to April 8, 2023 are $24,806.83. 7. The L. is entitled to $60.00 to reimburse the L. for administration charges A. $0.00 for bank fees the L. incurred as a result of 3 cheque given by or on behalf of 2023 ONLTB 28009 (CanLII) the Tenant which was returned NSF. 8. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. 10. The first A. last month payments were returned NSF. The Tenant has made no payments since moving into the rental unit. 11. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $25,052.83 if the payment is made on or before April 8, 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 April 8, 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 April 8, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $21,945.19. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application A. unpaid NSF charges. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the L. compensation of $163.56 per day for the use of the unit starting March 21, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the L. the full amount owing on or before April 8, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 9, 2023 at 5.00% annually on the balance outstanding. 8. The L. or the Tenant shall pay to the other any sum of money that is owed as a result of this order. Order Page: 2 of 5  File Number: LTB-L-081313-22 9. If the unit is not vacated on or before April 8, 2023, then starting April 9, 2023, the L. 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 L. on or after April 9, 2023. 2023 ONLTB 28009 (CanLII) 15 Grosvenor Street, Ground Floor March 28, 2023 Toronto ON M7A 2G6 ____________________________ Greg Joy Member, L. A. Tenant Board Date Issued 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 October 9, 2023 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 3 of 5  File Number: LTB-L-081313-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before April 8, 2023 2023 ONLTB 28009 (CanLII) Rent Owing To April 8, 2023 $24,806.83 Application Filing Fee $186.00 NSF Charges $60.00 Less the amount the Tenant paid to the L. 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 L. 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 $25,052.83 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $21,699.19 Application Filing Fee $186.00 NSF Charges $60.00 Less the amount the Tenant paid to the L. since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the L. owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Order Page: 4 of 5  File Number: LTB-L-081313-22 Total amount owing to the L. $21,945.19 Plus daily compensation owing for each day of occupation starting $163.56 March 21, 2023 (per day) 2023 ONLTB 28009 (CanLII) Order Page: 5 of 5