LTB Order LTB-L-020374-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: 280 Wellesley Residences v W., 2023 ONLTB 18191 2023 ONLTB 18191 (CanLII) Date: 2023-02-07 File Number: LTB-L-020374-22 In the matter of: 3203, 280 WELLESLEY ST E TORONTO ON M4X1G7 Between: 280 Wellesley Residences Landlord And J.W. Tenant 280 Wellesley Residences (the 'Landlord') applied for an order to terminate the tenancy and evict J.W. (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 November 22, 2022. The Landlord’s Legal Representative Charlie Bobrowsky and the Tenant attended 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 $1,315.60. It is due on the first day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $43.25. This amount is calculated as follows: $1,315.60 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 November 30, 2022, are $11,731.00. 7. The Landlord did not present any evidence in support of the claim for NSF fees. Therefore the claim for NSF is denied. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 4  File Number: LTB-L-020374-22 9. The Landlord collected a rent deposit of $1,310.00 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. The Landlord owes interest to the Tenant. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) 2023 ONLTB 18191 (CanLII) of the Residential Tenancies Act, 2006 (the 'Act'), 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:  $15,914.00 if the payment is made on or before February 18, 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 February 18, 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 February 18, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $10,284.23. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. If the Tenant has vacated prior to the issuance of this order the Landlord may have to calculate the arrears owing to the date the Tenant vacated. 7. The Landlord must deduct from the arrears owing a credit owing to the Tenant in relation to LTB-T-020600-22. The Landlord may not pursue collection of arrears in a court of competent jurisdiction pending the final order in LTB-T-020600-22 being issued by the Board. 8. The Tenant shall also pay the Landlord compensation of $43.25 per day for the use of the unit starting November 23, 2022 until the date the Tenant moves out of the unit. 9. If the Tenant does not pay the Landlord the full amount owing on or before February 18, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 19, 2023 at 5.00% annually on the balance outstanding. 10. If the unit is not vacated on or before February 18, 2023, then starting February 19, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page: 2 of 4  File Number: LTB-L-020374-22 11. 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 February 19, 2023. 2023 ONLTB 18191 (CanLII) February 7, 2023 Date Issued Robert Patchett Vice Chair, 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 August 19, 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 3 of 4  File Number: LTB-L-020374-22 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 February 18, 2023 2023 ONLTB 18191 (CanLII) Rent Owing To February 28, 2023 $15,678.00 Application Filing Fee $186.00 NSF Charges $50.00 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 $15,914.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,367.10 Application Filing Fee $186.00 NSF Charges $50.00 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 - $1,310.00 Less the amount of the interest on the last month's rent deposit - $8.87 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 Total amount owing to the Landlord $10,284.23 Plus daily compensation owing for each day of occupation starting $43.25 November 23, 2022 (per day) Order Page: 4 of 4