LTB Order LTB-L-023955-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Metcap Living Management Inc. v C., 2023 ONLTB 17513 2023 ONLTB 17513 (CanLII) Date: 2023-02-01 File Number: LTB-L-023955-22 In the matter of: 409, 1303 WILSON AVE NORTH YORK ON M3M1J1 Between: Metcap Living Management Inc. Landlord And J.R.C. Tenants Laura Pamela Patino Gomez Metcap Living Management Inc (the 'Landlord') applied for an order to terminate the tenancy and evict J.R.C. and Laura Pamela Patino Gomez (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 4, 2023. Only the Landlord’s Legal Representative, Emma Bennet, attended the hearing. As of 10:23 a.m., the Tenants were 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 Tenants 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 Tenants were still in possession of the rental unit. 3. The lawful rent is $1,190.22. It is due on the 1st day of each month. 4. Based on the monthly rent, the daily rent/compensation is $39.13. This amount is calculated as follows: $1,190.22 x 12, divided by 365 days. 5. The Tenants have paid $9,960.57 to the Landlord since the application was filed. 6. The rent arrears owing to January 31, 2023 are $996.96. 7. 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-023955-22 8. The Landlord collected a rent deposit of $1,127.94 from the Tenants 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. 9. Interest on the rent deposit, in the amount of $13.84 is owing to the Tenants for the period 2023 ONLTB 17513 (CanLII) from January 1, 2022 to January 4, 2023. 10. The Landlord’s Legal Representative submitted that the Landlord is unaware of any circumstances of the Tenants that would cause the termination of the tenancy to be delayed or denied. The Tenants did not attend the hearing to give evidence of their circumstances. 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 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 Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust:  $2,373.18 if the payment is made on or before February 12, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants have 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 Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before February 12, 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 the Landlord is entitled to by $992.52. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $39.13 per day for compensation for the use of the unit starting January 5, 2023 until the date the Tenant moves out of the unit. 6. The Landlord or the Tenants 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 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. 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 February 13, 2023. Order Page: 2 of 4  File Number: LTB-L-023955-22 February 1, 2023 Date Issued Susan Priest Member, Landlord and Tenant Board 2023 ONLTB 17513 (CanLII) 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. Order Page: 3 of 4  File Number: LTB-L-023955-22 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 12, 2023 2023 ONLTB 17513 (CanLII) Rent Owing to February 28, 2023 $12,147.75 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,960.57 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 $2,373.18 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing to Hearing Date $9,923.83 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,960.57 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 - $1,127.94 Less the amount of the interest on the last month's rent deposit - $13.84 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 $(992.52) Plus daily compensation owing for each day of occupation starting $39.13 January 5, 2023 (per day) Order Page: 4 of 4