LTB Order LTB-L-023838-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: AMSTAR POOL I LP v W., 2023 ONLTB 15752 2023 ONLTB 15752 (CanLII) Date: 2023-01-19 File Number: LTB-L-023838-22 In the matter of: 1613, 2737 KIPLING AVE ETOBICOKE ON M9V4C3 Between: AMSTAR POOL I LP Landlord And S.W. Tenant AMSTAR POOL I LP (the 'Landlord') applied for an order to terminate the tenancy and evict S.W. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 4, 2023. The Landlord’s Representative Emma Bennet and the Tenant attended the hearing. Determinations: 1. For an unknown reason the Landlord filed two L1 rent arrears applications. The one before me and LTB-L-023824-22. They were both scheduled for a hearing on the same day. The Landlord did not attend the hearing for LTB-L-023824-22 and an abandonment order was issued. As such, I have no res judicata concerns and I heard the matter. 2. 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. 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent is $1,396.30. It is due on the 1st day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $45.91. This amount is calculated as follows: $1,396.30 x 12, divided by 365 days. 6. The Tenant has paid $8,726.40 to the Landlord since the application was filed. 7. The rent arrears owing to January 31, 2023 are $4,510.30. 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-023838-22 9. The Landlord collected a rent deposit of $1,319.76 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 $16.20 is owing to the Tenant for the period 2023 ONLTB 15752 (CanLII) from January 1, 2021 to January 4, 2023. 11. The Tenant requested a repayment agreement that would involve the arrears being paid off by the end of March 2023. The Tenant testified that she is not currently working but she is going to get help from a family member to pay off some of the arrears. The Landlord was opposed to a repayment agreement. 12. I do not think it would be fair in the circumstances to impose a repayment agreement as I am not satisfied that the Tenant would abide by it. The Tenant is not currently working and does not have an income source to pay off the arrears. 13. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until February 9, 2023 pursuant to subsection 83(1)(b) of the Act. The Tenant testified that she lives in the rental unit with her 18-year-old daughter who goes to school in the area. The Landlord was not opposed to a slight postponement of the eviction. I will postpone the eviction until February 9, 2023 in order to give the Tenant time to either pay off the arrears and/or find new living arrangements for herself and her daughter. 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:  $4,696.30 if the payment is made on or before January 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $6,092.60 if the payment is made on or before February 9, 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 9, 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 9, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $2,147.68. 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 Order Page: 2 of 4  File Number: LTB-L-023838-22 deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $45.91 per day for the use of the unit starting January 5, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 15752 (CanLII) 7. If the Tenant does not pay the Landlord the full amount owing on or before January 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from January 31, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before February 9, 2023, then starting February 10, 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 February 10, 2023. January 19, 2023 Date Issued Amanda Kovats 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 August 10, 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 4  File Number: LTB-L-023838-22 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 January 31, 2023 2023 ONLTB 15752 (CanLII) Rent Owing To January 31, 2023 $13,236.70 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $8,726.40 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Total the Tenant must pay to continue the tenancy $4,696.30 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before February 9, 2023 Rent Owing To February 28, 2023 $14,633.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $8,726.40 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Total the Tenant must pay to continue the tenancy $6,092.60 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $12,024.04 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $8,726.40 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 - $1,319.76 Less the amount of the interest on the last month's rent deposit - $16.20 Total amount owing to the Landlord $2,147.68 Plus daily compensation owing for each day of occupation starting $45.91 January 5, 2023 (per day) Order Page: 4 of 4