LTB Order Details for David John And Chanteal Macdonald

Landlord Roderick Lehman applied to evict tenants David John and Chanteal Macdonald for non-payment of rent at 51, 120 Centre St, London.

Tenants did not attend the February 12, 2024 videoconference hearing and had no record of requesting an adjournment.

Rent arrears as of February 29, 2024 totalled $31,097.99 on a monthly rent of $2,400.00.

Tenants have not paid rent since March 2023, other than $100.00 paid directly and initial payments made by Indigenous Services Canada and Salvation Army.

The landlord, a small property owner of one unit, faces financial hardship including use of a line of credit and approximately $7,000.00 in property tax arrears.

Board ordered eviction by March 15, 2024, with opportunity for tenants to void the order by paying outstanding amounts.

A valid N4 Notice was served and not voided by the tenants.

Tenants were in possession of the unit as of the hearing date.

Monthly rent is $2,400.00, due on the 1st of each month; daily compensation is $78.90.

Rent arrears to February 29, 2024 total $31,097.99; no payments made since the application was filed.

Landlord incurred $186.00 in filing costs and is entitled to reimbursement.

Rent deposit of $2,400.00 and interest of $70.36 are deducted from the termination amount.

Under s.83(2) RTA, it would not be unfair to postpone eviction to March 15, 2024 to allow the family to find alternative accommodation.

Tenancy terminated unless tenants void the order by paying $31,283.99 on or before February 29, 2024, or $33,683.99 on or before March 15, 2024.

If tenancy is terminated, tenants owe $27,360.43 (rent arrears to hearing date plus filing fee, less rent deposit and interest).

Daily compensation of $78.90 applies from February 13, 2024 until the tenants vacate.

If full amount is not paid by March 15, 2024, simple interest at 7.00% per annum applies from March 16, 2024.

Landlord may file the order with the Court Enforcement Office (Sheriff) from March 16, 2024 if the unit is not vacated.

Tenants may make a one-time motion under s.74(11) RTA to void the order if full amount plus additional rent is paid before Sheriff enforcement.