LTB Order LTB-L-023048-22

2023 ONLTB 18311 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Beaux Properties Management Company v C., 2023 ONLTB 18311 Date: 2023-02-01 File Number: LTB-L-023048-22 In the matter of: 409, 170 DUDLEY AVE THORNHILL ON L3T2E7 Between: Beaux Properties Management Company Landlord A. M.C.A.S.C. Tenant Beaux Properties Management Company (the 'Landlord') applied for an order to terminate the tenancy A. evict M.C.A.S.C. (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 9, 2022. Only the Landlord’s Agent, Athena Metaxas, attended the hearing. As of 2:14 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 $1,286.40. It is due on the 1st day of each month. Order Page: 1 of 4  File Number: LTB-L-023048-22 4. Based on the Monthly rent, the daily rent/compensation is $42.29. This amount is calculated as follows: $1,286.40 x 12, divided by 365 days. 5. The Tenant has paid $9,074.44 to the Landlord since the application was filed. 6. The rent arrears owing to November 30, 2022, are $2,503.16. 2023 ONLTB 18311 (CanLII) 7. The Landlord is entitled to $20.00 to reimburse the Landlord for administration charges A. $5.00 for bank fees the Landlord incurred as a result of 1 cheque given by or on behalf of the Tenant which was returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $1,286.40 from the Tenant A. 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 $9.43 is owing to the Tenant for the period from April 1, 2022, to November 9, 2022. 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 A. whether the Landlord attempted to negotiate a repayment agreement with the Tenant A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. Based on the uncontested evidence provided by the Landlord, I find that the Tenant failed to pay the rent in full. I have no reason to deny the eviction requested by the Landlord. It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $6,573.36 if the payment is made on or before February 12, 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 12, 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 12, 2023 Order Page: 2 of 4  File Number: LTB-L-023048-22 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $512.54. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application A. unpaid NSF charges. The rent deposit A. 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. 2023 ONLTB 18311 (CanLII) 6. The Tenant shall also pay the Landlord compensation of $42.29 per day for the use of the unit starting November 10, 2022, 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 February 12, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 13, 2023, at 5.00% 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 February 12, 2023, then starting February 13, 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 February 13, 2023. February 1, 2023 ____________________________ Date Issued Poeme Manigat Member, Landlord A. 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 13, 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 A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before February 12, 2023 Rent Owing To February 28, 2023 $15,436.80 Order Page: 3 of 4  File Number: LTB-L-023048-22 Application Filing Fee $186.00 NSF Charges $25.00 Less the amount the Tenant paid to the Landlord since the - $9,074.44 application was filed 2023 ONLTB 18311 (CanLII) 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 $6,573.36 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $10,671.81 Application Filing Fee $186.00 NSF Charges $25.00 Less the amount the Tenant paid to the Landlord since the - $9,074.44 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 - $1,286.40 Less the amount of the interest on the last month's rent deposit - $9.43 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 $512.54 Plus daily compensation owing for each day of occupation starting $42.29 November 10, 2022 (per day) Order Page: 4 of 4