LTB Order LTB-L-021526-23

2023 ONLTB 69251 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: RPMS PROPERTY MANAGEMENT SERVICES INC v R., 2023 ONLTB 69251 Date: 2023-10-25 File Number: LTB-L-021526-23 In the matter of: 3303, 10 SAN ROMANOWAY TORONTO ON M3N2Y2 Between: RPMS PROPERTY MANAGEMENT Landlord SERVICES INC And J.M.R. Tenant RPMS PROPERTY MANAGEMENT SERVICES INC (the 'Landlord') applied for an order to terminate the tenancy and evict J.M.R. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on September 25, 2023. Only the Landlord’s legal representative, Jason Paine, 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 $2,121.75. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $69.76. This amount is calculated as follows: $2,121.75 x 12, divided by 365 days. 5. The Tenant has paid $4,140.00 to the Landlord since the application was filed. Order Page 1 of 5  File Number: LTB-L-021526-23 6. The rent arrears owing to September 30, 2023 are $12,471.75. 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. 2023 ONLTB 69251 (CanLII) NSF Request 9. The Landlord claimed administration charges the Landlord incurred as a result of non payment of rent by the Tenant due to transactions deemed “insufficient funds” by the Tenants financial institution. 10. Subsection 87(5) of the Act permits the Board to award NSF charges that are charged by financial institutions in relation to “cheques” tendered to the landlord by or on behalf of the tenant and administration charges in relation to “cheques”. 11. The charges must be in relation to a “cheque”, and the Legislature has not authorized the awarding of any charges in relation to any other kind of negotiable instrument or payment method. 12. The Landlord’s legal representative submitted the Tenant’s rent payments are set-up for pre-authorized debit and the Tenant did not pay by cheque, and therefore the Landlord’s claim for NSF charges is denied. 13. 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, including submissions from the Landlord’s legal representative that the Tenant does not have young children or any persons with special needs that the Board needs to consider living with them, 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. 14. I have considered all of the evidence presented at the hearing and all of the oral testimony and although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 15. This order contains all reasons for the determinations and order made. No further reasons will be issued. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. Order Page 2 of 5  File Number: LTB-L-021526-23 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $14,779.50 if the payment is made on or before October 31, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 69251 (CanLII) OR • $16,901.25 if the payment is made on or before November 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 November 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 November 5, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $12,280.00. 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 $69.76 per day for the use of the unit starting September 26, 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 November 5, 2023, the Tenant will start to owe interest. This will be simple interest calculated from November 6, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 5, 2023, then starting November 6, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. 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 November 6, 2023. October 25, 2023 ____________________________ Date Issued Greg Brocanier Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 Order Page 3 of 5  File Number: LTB-L-021526-23 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 May 6, 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. 2023 ONLTB 69251 (CanLII) 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 October 31, 2023 Rent Owing To October 31, 2023 $18,733.50 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $4,140.00 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 $14,779.50 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before November 5, 2023 Rent Owing To November 30, 2023 $20,855.25 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $4,140.00 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 $16,901.25 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $16,234.00 Application Filing Fee $186.00 NSF Charges $0.00 Order Page 4 of 5  File Number: LTB-L-021526-23 Less the amount the Tenant paid to the Landlord since the - $4,140.00 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 - $0.00 2023 ONLTB 69251 (CanLII) 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} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $12,280.00 Plus daily compensation owing for each day of occupation starting $69.76 September 26, 2023 (per day) Order Page 5 of 5