LTB Order LTB-L-106000-25

Order under Section 69 Residential Tenancies Act, 2006 File Number: LTB-L-106000-25 Date: 2026-03-06 In the matter of: 303, 118 King street west PRESCOTT ON K0E1T0 Between: A.D. Landlord And 06 M. 2026 V. C. D. T. R. Tenant A.D. (the 'Landlord') applied for an order to terminate the tenancy and evict T. R. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 3, 2026. Only the Landlord attended the hearing. As of 9:32 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. The Landlord testified that the Tenant informed on February 27, 2026 that he would not attend 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 $1,480.45. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $48.67. This amount is calculated as follows: $1,480.45 x 12, divided by 365 days. 5. The Tenant has paid $1,450.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2026 are $5,860.90. Order Page 1 of 4  File Number: LTB-L-106000-25 7. The Landlord collected a rent deposit of $1,450.00 on July 17, 2023 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. The interest owed to the Tenant on the rent deposit is $95.11. Relief from Eviction 8. The Landlord sought a standard 11-day order to terminate the tenancy and evict the Tenant, unless he voids this Order. The Landlord testified that she canvassed the Tenant once a month by email to encourage a payment plan or partial payments, but that the Tenant did not respond. The Landlord added, however, that the Tenant expected to receive a tax refund and promised to pay her rent when it came in. 9. The Tenant did not attend the hearing and informed the Landlord on Friday, February 27, 2026, four days beforehand, that he would not attend. Therefore, my evidence on which to consider delaying or denying eviction is limited. 10. I find that the Tenant was duly served with the Notice of Hearing and has chosen not to participate. He has made a significant payment of $1450 towards the arrears, and the Landlord informs me there are no extenuating circumstances that apply to consider delaying or denying eviction. Therefore, having 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 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. 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: • $5,860.90 if the payment is made on or before March 17, 2026. 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 March 17, 2026 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 March 17, 2026. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $0.00. This amount includes rent arrears owing up to the date of the hearing. 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. Order Page 2 of 4  File Number: LTB-L-106000-25 6. The Tenant shall also pay the Landlord compensation of $48.67 per day for the use of the unit starting 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 March 17, 2026, the Tenant will start to owe interest. This will be simple interest calculated from March 18, 2026 at 4.00% annually on the balance outstanding. 8. If the unit is not vacated on or before March 17, 2026, then starting March 18, 2026, 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 March 18, 2026. V. C. D. March 6, 2026 ____________________________ Date Issued V. D. 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 September 18, 2026 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-106000-25 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 March 17, 2026 Rent Owing To March 31, 2026 $7,310.90 Less the amount the Tenant paid to the Landlord since the - $1,450.00 application was filed Total the Tenant must pay to continue the tenancy $5,860.90 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $2,900.00 Less the amount the Tenant paid to the Landlord since the - $1,450.00 application was filed Less the amount of the last month's rent deposit - $1,450.00 Total amount owing to the Landlord $0.00 Plus daily compensation owing for each day of occupation starting $48.67 (per day) **Ongoing daily compensation continues to accumulate until the total amount owing (excluding costs) is $50,000.00. Order Page 4 of 4