LTB Order LTB-L-016588-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: Camsta (No. 1) Limited Partnership c/o DMS Property Management Ltd. v St J., 2023 2023 ONLTB 52493 (CanLII) ONLTB 52493 Date: 2023-07-27 File Number: LTB-L-016588-23 In the matter of: 88, 57 FOREST AVE HAMILTON ON L8N1X3 Between: Camsta (No. 1) Limited Partnership c/o DMS Landlord Property Management Ltd. And J.S.J. Tenant Camsta (No. 1) Limited Partnership c/o DMS Property Management Ltd. (the 'Landlord') applied for an order to terminate the tenancy and evict J.S.J. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on July 17, 2023. Only the Landlord’s Legal Representative, Frank Calcagni, attended the hearing. As of 10:08 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. 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 $1,066.97. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $35.08. This amount is calculated as follows: $1,066.97 x 12, divided by 365 days. 5. The Tenant has paid $6,474.85 to the Landlord since the application was filed. 6. The rent arrears owing to July 31, 2023 are $216.73. Order Page 1 of 5  File Number: LTB-L-016588-23 7. The Landlord is entitled to $40.00 to reimburse the Landlord for administration charges and $10.00 for bank fees the Landlord incurred as a result of 2 cheques given by or on behalf of the Tenant which were returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to 2023 ONLTB 52493 (CanLII) reimbursement of those costs. 9. The Landlord collected a rent deposit of $974.85 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. 10. Interest on the rent deposit, in the amount of $14.69 is owing to the Tenant for the period from December 10, 2022 to July 17, 2023. 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 not be unfair to postpone the eviction until August 31, 2023 pursuant to subsection 83(1)(b) of the Act. 12. The Landlord’s Legal Representative proposed this extension given that the Tenant has made significant payments to the Landlord since this application was filed. 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:  $452.73 if the payment is made on or before July 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $1,519.70 if the payment is made on or before August 31, 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 August 31, 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 August 31, 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 and unpaid NSF charges the Landlord is entitled to by $1,007.42. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $35.08 per day for compensation for the use of the unit starting July 18, 2023 until the date the Tenant moves out of the unit. Order Page 2 of 5  File Number: LTB-L-016588-23 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 August 31, 2023, then starting September 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the 2023 ONLTB 52493 (CanLII) 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 September 1, 2023. July 27, 2023 Date Issued Lisa Del Vecchio 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 March 1, 2024 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-016588-23 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 July 31, 2023 2023 ONLTB 52493 (CanLII) Rent Owing to July 31, 2023 $6,691.58 Application Filing Fee $186.00 NSF Charges $50.00 Less the amount the Tenant paid to the Landlord since the - $6,474.85 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 $452.73 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before August 31, 2023 Rent Owing to August 31, 2023 $7,758.55 Application Filing Fee $186.00 NSF Charges $50.00 Less the amount the Tenant paid to the Landlord since the - $6,474.85 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 $1,519.70 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing to Hearing Date $6,220.97 Application Filing Fee $186.00 NSF Charges $50.00 Less the amount the Tenant paid to the Landlord since the - $6,474.85 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 - $974.85 Less the amount of the interest on the last month's rent deposit - $14.69 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page 4 of 5  File Number: LTB-L-016588-23 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $(1,007.42) Plus daily compensation owing for each day of occupation starting $35.08 July 18, 2023 (per day) 2023 ONLTB 52493 (CanLII) Order Page 5 of 5