LTB Order LTB-L-027703-23

2023 ONLTB 66392 (CanLII) Order under Section 69 R. Tenancies Act, 2006 Citation: M.A.R. COMMUNITY v S., 2023 ONLTB 66392 Date: 2023-10-03 File Number: LTB-L-027703-23 In the matter of: 611, 6091 BATHURST ST TORONTO ON M2R3V7 Between: M.A.R. Landlord COMMUNITY And D.S. Tenant M.A.R. COMMUNITY (the 'Landlord') applied for an order to terminate the tenancy and evict D.S. (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 September 26, 2023. The Landlord’s legal representative and the Tenant attended the hearing. 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 $1,488.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $48.92. This amount is calculated as follows: $1,488.00 x 12, divided by 365 days. Order Page 1 of 4  File Number: LTB-L-027703-23 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to September 30, 2023 are $30,508.00. 7. The Landlord is entitled to $60.00 to reimburse the Landlord for administration charges and $20.00 for bank fees the Landlord incurred as a result of 4 cheque given by or on behalf of 2023 ONLTB 66392 (CanLII) the Tenant which was returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $380.91 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 $7.02 is owing to the Tenant for the period from January 1, 2023 to September 26, 2023. 11. The Tenant has not made any rent payments since January 2022 because she was going through hardship with a separation and now divorce. She testified that she suffers from panic attack disorder. She stated she wants to get a loan so she can cover the rent arrears. 12. The Landlord’s representative stated the arrears are substantial and any further delaying eviction would prejudice the Landlord. 13. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the R. Tenancies Act, 2006 (the 'Act'), including the impact 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 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: • $32,262.00 if the payment is made on or before October 14, 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 October 14, 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 October 14, 2023 Order Page 2 of 4  File Number: LTB-L-027703-23 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $30,169.99. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. The rent deposit and 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 66392 (CanLII) 6. The Tenant shall also pay the Landlord compensation of $48.92 per day for the use of the unit starting September 27, 2023 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 October 14, 2023, the Tenant will start to owe interest. This will be simple interest calculated from October 15, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before October 14, 2023, then starting October 15, 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 October 15, 2023. October 3, 2023 ____________________________ Date Issued Nicole Huneault 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 April 15, 2024 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-027703-23 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 October 14, 2023 2023 ONLTB 66392 (CanLII) Rent Owing To October 31, 2023 $31,996.00 Application Filing Fee $186.00 NSF Charges $80.00 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 $32,262.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $30,291.92 Application Filing Fee $186.00 NSF Charges $80.00 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 - $380.91 Less the amount of the interest on the last month's rent deposit - $7.02 Total amount owing to the Landlord $30,169.99 Plus daily compensation owing for each day of occupation starting $48.92 September 27, 2023 (per day) Order Page 4 of 4