LTB Order LTB-L-001022-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: M. v M., 2023 ONLTB 33003 2023 ONLTB 33003 (CanLII) Date: 2023-04-24 File Number: LTB-L-001022-23 In the matter of: 207 - Main, 4064 LAWRENCE AVE E SCARBOROUGH ON M1E4V6 Between: M.F.M. Landlord And T.M. Tenant M.F.M. (the 'Landlord') applied for an order to terminate the tenancy and evict T.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 30, 2023. The Landlord, the Landlord's Legal Representative, Agatha Small, and the Tenant attended the hearing. The Tenant spoke with Duty Counsel prior to the hearing. 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 $2,300.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $75.62. This amount is calculated as follows: $2,300.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to March 31, 2023 are $27,600.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. Order Page: 1 of 5  File Number: LTB-L-001022-23 9. The Tenant disputed that the amount owing was as claimed by the Landlord, she testified to having proof of payments made but did not have sufficient time to get the proof from the bank; the Tenant submitted she could do this by April 11, 2023. As a result of the Tenant’s testimony, the parties were verbally directed to send post-hearing submissions to each other and the Board. The Tenant was to have the proof of payments to the Landlord and 2023 ONLTB 33003 (CanLII) the Board by April 11, 2023, and the Landlord was to have their reply to the Tenant and the Board by April 14, 2023. 10. On April 14, I received a copy of an email dated December 12, 2022 from Housing and Rent Bank Worker Michelle Nam advising that the Rent Bank Application was approved and a cheque for $4,000.00 was prepared for pick-up. There was no confirmation that the cheque had been picked up and/or cashed, therefore I find ther is insufficient proof that this payment was actually received. Further, on April 14, 2023, I also received a second copy of the Landlord’s L1/L9 update sheet that showed no payments had been received since the application was filed. Therefore, I find no payments have been made since the application was filed and the order shall be issued accordingly. If the Tenant has made payments and sufficient proof, for example cancelled cheques, is submitted to the Landlord, then the Landlord would be required to deduct them off the arrears owing. 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 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:  $30,086.00 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $32,386.00 if the payment is made on or before May 5, 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 May 5, 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 May 5, 2023 Order Page: 2 of 5  File Number: LTB-L-001022-23 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $27,754.60. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $75.62 per day for the use of the 2023 ONLTB 33003 (CanLII) unit starting March 31, 2023 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 May 5, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 6, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before May 5, 2023, then starting May 6, 2023, the Landlord 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 Landlord on or after May 6, 2023. April 24, 2023 Date Issued Diane Wade 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 November 6, 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. Order Page: 3 of 5  File Number: LTB-L-001022-23 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 April 30, 2023 2023 ONLTB 33003 (CanLII) Rent Owing To April 30, 2023 $29,900.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 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 $30,086.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 5, 2023 Rent Owing To May 31, 2023 $32,200.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 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 $32,386.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $27,568.60 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-001022-23 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $27,754.60 Plus daily compensation owing for each day of occupation starting $75.62 March 31, 2023 (per day) 2023 ONLTB 33003 (CanLII) Order Page: 5 of 5