LTB Order LTB-L-026463-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 27386 (CanLII) Citation: 2280981 Ontario Inc. v R., 2023 ONLTB 27386 Date: 2023-03-28 File Number: LTB-L-026463-22 In the matter of: 3, 3519 Lake Shore Blvd. West Toronto ON M8W1N5 Between: 2280981 Ontario Inc. Landlord A. J.R.A.L.D. Tenants 2280981 Ontario Inc. (the 'Landlord') applied for an order to terminate the tenancy A. evict J.R.A.L.D. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 16, 2023. The Landlord’s Legal Representative David Ciobotaru A. the Tenant J. R. attended the hearing. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). The Tenants 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 $1,500.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $49.32. This amount is calculated as follows: $1,500.00 x 12, divided by 365 days. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to January 31, 2023 are $18,000.00. Order Page: 1 of 4  File Number: LTB-L-026463-22 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,500.00 from the Tenants A. this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of 2023 ONLTB 27386 (CanLII) the tenancy if the tenancy is terminated. 9. Interest on the rent deposit, in the amount of $26.12 is owing to the Tenants for the period from October 30, 2020 to January 16, 2023. 10. The Tenant testified that the Tenant L. Debillis moved out of the unit in October 2021. He testified that he had begun a new job in late 2021 with reduced hours A. that he had expenses from a court case. He testified that he is now back to work A. has asked his father from some assistance. 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. 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: • $21,186.00 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $22,686.00 if the payment is made on or before April 8, 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 April 8, 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 April 8, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $15,949.00. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the Landlord owes on the rent deposit are Order Page: 2 of 4  File Number: LTB-L-026463-22 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 $49.32 per day for the use of the unit starting January 17, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 27386 (CanLII) 7. If the Tenant does not pay the Landlord the full amount owing on or before April 8, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 9, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before April 8, 2023, then starting April 9, 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 April 9, 2023. March 28, 2023 ____________________________ Date Issued Margo den Haan 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 October 9, 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-026463-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if 2023 ONLTB 27386 (CanLII) the payment is made on or before March 31, 2023 Rent Owing To March 31, 2023 $21,000.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Total the Tenant must pay to continue the tenancy $21,186.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before April 8, 2023 Rent Owing To April 30, 2023 $22,500.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Total the Tenant must pay to continue the tenancy $22,686.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $17,289.12 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,500.00 Less the amount of the interest on the last month's rent deposit - $26.12 Total amount owing to the Landlord $15,949.00 Plus daily compensation owing for each day of occupation starting $49.32 January 17, 2023 (per day) Order Page: 4 of 4