LTB Order LTB-L-034624-22

2023 ONLTB 25413 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: M.C. v J., 2023 ONLTB 25413 Date: 2023-03-14 File Number: LTB-L-034624-22 In the matter of: 315, 5 HARDING AVE NORTH YORK ON M6M0A3 Between: M.C. Landlord And W.J. Tenant M.C. (the 'Landlord') applied for an order to terminate the tenancy and evict W.J. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 1, 2023. Only the Landlord’s legal representative, M. Jelic, attended the hearing. As of 2 p.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 $1,581.68. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $52.00. This amount is calculated as follows: $1,581.68 x 12, divided by 365 days. Order Page: 1 of 5  File Number: LTB-L-034624-22 5. The Tenant has paid $10,840.34 to the Landlord since the application was filed. 6. The rent arrears owing to February 28, 2023 are $2,863.50. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 25413 (CanLII) 8. The Landlord collected a rent deposit of $1,522.10 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. 9. Interest on the rent deposit, in the amount of $47.14 is owing to the Tenant for the period from May 1, 2020 to February 1, 2023. 10. The Landlord’s legal representative said that the Landlord has a payment plan policy by which the N4 notice of termination is served on the Tenant with a communication informing the Tenant that they may reach out to the Landlord to discuss a payment plan. She said that the Landlord sends the same communication when they serve the Tenant with the notice of hearing. She said that there has been no response at all from the Tenant. The Landlord’s legal representative said that since the Tenant has made some payments, the Landlord would be willing to provide the Tenant a few more weeks to void the order. 11. 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 and whether the Landlord attempted to negotiate a repayment agreement with the Tenant, and I find that it would not be unfair to postpone the eviction until April 8, 2023 pursuant to subsection 83(1)(b) of the Act. In particular, the Tenant has made rent payments, but the arrears still exceed the amount that was owing at the time the Landlord filed the application. The arrears are increasing each month, the Tenant has failed to respond to the Landlord’s communications about repayment, and therefore, tenancy is no longer viable. 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: • $4,631.18 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $6,212.86 if the payment is made on or before April 8, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 5  File Number: LTB-L-034624-22 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 2023 ONLTB 25413 (CanLII) move out of the rental unit on or before April 8, 2023. 5. As of the date of the hearing, the amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent, compensation and the cost of filing the application the Landlord is entitled to by $49.42. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $52.00 per day for compensation for the use of the unit starting February 2, 2023 until the date the Tenant moves out of the unit. 6. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 7. If the unit is not vacated on or before April 8, 2023, then starting April 9, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 8. 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 April 9, 2023. March 14, 2023 ____________________________ Date Issued Nancy Morris 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 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. Schedule 1 SUMMARY OF CALCULATIONS Order Page: 3 of 5  File Number: LTB-L-034624-22 A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before March 31, 2023 Rent Owing To March 31, 2023 $15,285.52 Application Filing Fee $186.00 NSF Charges $0.00 2023 ONLTB 25413 (CanLII) Less the amount the Tenant paid to the Landlord since the - $10,840.34 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord 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 $4,631.18 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before April 8, 2023 Rent Owing To April 30, 2023 $16,867.20 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $10,840.34 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord 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 $6,212.86 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $12,174.16 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $10,840.34 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 - $1,522.10 Less the amount of the interest on the last month's rent deposit - $47.14 Less the amount the Landlord 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-034624-22 Total amount owing to the Landlord $(49.42) Plus daily compensation owing for each day of occupation starting $52.00 February 2, 2023 (per day) 2023 ONLTB 25413 (CanLII) Order Page: 5 of 5