LTB Order LTB-L-027415-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Benstar (No. 3) Limited Partnership c/o Forest Hill Kipling v With-Seidelin, 2023 ONLTB 2023 ONLTB 14815 (CanLII) 14815 Date: 2023-01-18 File Number: LTB-L-027415-22 In the matter of: 2055-205, 2051 PROSPECT ST BURLINGTON ON L7R1Z3 Between: Benstar (No. 3) Limited Partnership c/o Landlord Forest Hill Kipling And N.W. Tenant Benstar (No. 3) Limited Partnership c/o Forest Hill Kipling (the 'Landlord') applied for an order to terminate the tenancy and evict N.W. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 5, 2023. Only the Landlord’s legal representative Joshua Labbe attended the hearing. As of 10:08am, the Tenant was not present despite being served with notice of hearing by the Board. 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 $2,479.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $81.50. This amount is calculated as follows: $2,479.00 x 12, divided by 365 days. 5. The Tenant has paid $22,311.00 to the Landlord since the application was filed. 6. The rent arrears owing to January 31, 2023 are $2,399.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,556.89 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. Order Page: 1 of 4  File Number: LTB-L-027415-22 9. Interest on the rent deposit, in the amount of $0.88 is owing to the Tenant for the period from January 1, 2023 to January 5, 2023. 10. 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 2023 ONLTB 14815 (CanLII) 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 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:  $2,585.00 if the payment is made on or before January 29, 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 January 29, 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 January 29, 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 $2,044.27. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $81.50 per day for compensation for the use of the unit starting January 6, 2023 until the date the Tenant moves out of the unit. 6. If the unit is not vacated on or before January 29, 2023, then starting January 30, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 7. 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 January 30, 2023. January 18, 2023 Date Issued Fabio Quattrociocchi Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 Order Page: 2 of 4  File Number: LTB-L-027415-22 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 July 30, 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. 2023 ONLTB 14815 (CanLII) *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 3 of 4  File Number: LTB-L-027415-22 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 29, 2023 2023 ONLTB 14815 (CanLII) Rent Owing To January 31, 2023 $24,710.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $22,311.00 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 $2,585.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $22,638.50 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $22,311.00 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 - $2,556.89 Less the amount of the interest on the last month's rent deposit - $0.88 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 $(2,044.27) Plus daily compensation owing for each day of occupation starting $81.50 January 6, 2023 (per day) Order Page: 4 of 4