But to answer your question "does the LTB order tenants to pay rent to a landlord for time that they did not live in the unit?" The answer is NO THEY DON'T. The way that the LTB words eviction orders for non-payment of rent is to say that the tenancy is officially ended on a certain date -- for example if an Eviction Order is issued on January 10th, the Order my say the tenancy is terminated as of the date of January 25th.
Usually Eviction Orders for Non-payment of rent give the tenant the opportunity to pay the ALL of the back-rent owed to a landlord by a certain time in order to VOID the Order and remain in the unit, or else the Landlord has the right to file the Eviction Order with the Sheriff’s Office to obtain a Writ of Vacant Possession, and have a Sheriff come to the unit to kick you out.
Because the adjudicator does not know if or when a tenant will pay all the back-rent owed to the landlord to continue their tenancy, if the tenant will leave the unit voluntarily by the required date, or if the tenant will wait until the Sheriff comes knocking, there is no way for them to determine the amount of money a tenant will owe a landlord for the days they stayed after the date they declared the tenancy terminated.
Because of this they usually calculate out, based upon the annual rent for the unit/365, a "daily rental rate" for the unit, and include it in the Eviction Order so that, no matter what day the tenant vacates the unit on, a specific and clear amount of rent owed can be determined without going back to the LTB. This "daily rental rate" is also used to determine if a tenant has paid all the back-rent necessary to Void an eviction order, as to do so every dime of rent must be paid up in full.
For example, the Order states the tenancy is terminated and the tenant must vacate the unit by January 25th, but the tenant does not leave until January 28th, and the Order says the tenant must pay $35.00 per day for each day the tenant stays in the unit past January 25th, the tenant would owe $35.00 per day for the 26th, 27th and the 28th.
But to be clear -- this daily rate is only to be paid for the days a tenant remains in the unit. Unless there is some clause specific to the situation included within the Eviction Order, once the tenant vacates as a result of an Eviction Order, the tenant only owes the back-rent determined to be owed on the date of the Order, plus the per day rent based upon the daily amount determined in the order up to and including the day they vacated -- and not a penny more.
I told you it was complicated!!!!
Did this clear it up??????
« Back to index
POLICIES AND TERMS OF AGREEMENT
The purpose of these boards is to provide a non-judgemental, supportive environment for tenants to discuss problems they are having and possible solutions. We welcome all tenants to post messages relevant to their struggles and successes, ideas for change or upcoming events of interest to tenants. However, we require th at all postings be respectful of other opinions and ideas, and be free of condemnation.
We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any messages. The messages express the views of the author, not necessarily the views of the Federation of Metro Tenants' Associations. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email; and we will make every effort to remove it, if deemed necessary.
You agree, through your use of this service, that you will not use these boards to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually explicit, threatening, invasive of a person's privacy, or otherwise violative of any law. You agree not to post any copyrighted material unless the copyright is owned by you. You also agree not to impersonate any person in the Toronto Tenants Unite! Message board. Anyone found in violation of the above will be banned from the board.
The Federation of Metro Tenants' Associations reserves the right to delete any message for any or no reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless the Federation of Metro Tenants' Associations, Boardhost and their agents with respect to any claim based upon transmission of your message(s). All personnel of the Federation of Metro Tenants' Associations shall have neither liability nor responsibility to any person or entity with respect to loss or damage caused, or alleged to be caused, directly or indirectly, by the information contained in this message board.
The Federation of Metro Tenants' Associations also reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message(s) posted by you.
Please note that advertisements, chain letters, pyramid schemes, and solicitations are inappropriate on these boards.
Finally, we encourage you to help build a safe, non-judgemental environment in this tenant message board community by treating each other with courtesy and respect.