LTB Order LTB-L-027912-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: 1815212 Ontario Inc v. I., 2023 ONLTB 46762 2023 ONLTB 46762 (CanLII) Date: 2023-06-29 File Number: LTB-L-027912-22 In the matter of: 609, 399 MARKHAM RD SCARBOROUGH ON M1J3C9 Between: 1815212 Ontario Inc Landlord And C.I. Tenant 1815212 Ontario Inc (the 'Landlord') applied for an order to terminate the tenancy and evict C. I. (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 June 16, 2023. Only the Landlord’s agent L. Smither and the Landlord’s legal representative J. Moak attended the hearing. As of 10:02AM, the Tenant was 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. The Tenant did not join the proceedings for the remainder of the hearing block. 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 $1,699.86. It is due on the 1st day of each month. At the hearing, the Landlord’s agent testified that there had previously been an above-guideline rent increase pursuant to Board order TEL-95599-18, issued on July 15, 2022. 4. Based on the Monthly rent, the daily rent/compensation is $55.89. This amount is calculated as follows: $1,699.86 x 12, divided by 365 days. 5. The Tenant has paid $2,560.00 to the Landlord since the application was filed. Order Page: 1 of 5  File Number: LTB-L-027912-22 6. The rent arrears owing to the hearing date are $23,672.41. 7. The Landlord is entitled to $120.00 to reimburse the Landlord for administration charges the Landlord incurred as a result of 6 pre-authorized payments given by or on behalf of the Tenant which were no honoured. 2023 ONLTB 46762 (CanLII) 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 $1,535.00 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. At the hearing, the Landlord’s agent testified that he spoke with the Tenant in an attempt to resolve the Tenant’s rent arrears. The Landlord’s agent referred the Tenant to community agencies that could assist the Tenant and invited the Tenant to propose affordable payments toward the amount owing. The Landlord’s agent testified that the Tenant did not respond. 11. Based on the evidence, I find pursuant to subsection 83(6) of the Residential Tenancies Act, 2006 (the ‘Act’) that the Landlord attempted to negotiate with the Tenant a settlement of the Tenant’s rent arrears. 12. I have considered all the other disclosed circumstances in accordance with subsection 83(2) of the Act and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The Tenant did not attend the hearing to give evidence of their circumstances or to contest the Landlord’s application. 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:  $24,872.65 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $26,572.51 if the payment is made on or before July 10, 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 July 10, 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 July 10, 2023 Order Page: 2 of 5  File Number: LTB-L-027912-22 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $22,407.43. 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 46762 (CanLII) 6. The Tenant shall also pay the Landlord compensation of $55.89 per day for the use of the unit starting June 17, 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 July 10, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 11, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before July 10, 2023, then starting July 11, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. 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 July 11, 2023. June 29, 2023 Date Issued Harry Cho Vice Chair, 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 January 11, 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 5  File Number: LTB-L-027912-22 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 June 30, 2023 2023 ONLTB 46762 (CanLII) Rent Owing To June 30, 2023 $27,126.65 Application Filing Fee $186.00 NSF Charges $120.00 Less the amount the Tenant paid to the Landlord since the - $2,560.00 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 $24,872.65 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before July 10, 2023 Rent Owing To July 31, 2023 $28,826.51 Application Filing Fee $186.00 NSF Charges $120.00 Less the amount the Tenant paid to the Landlord since the - $2,560.00 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 $26,572.51 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $26,232.41 Application Filing Fee $186.00 NSF Charges $120.00 Less the amount the Tenant paid to the Landlord since the - $2,560.00 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 - $1,535.00 Less the amount of the interest on the last month's rent deposit - $35.98 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-027912-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $22,407.43 Plus daily compensation owing for each day of occupation starting $55.89 (per day) 2023 ONLTB 46762 (CanLII) Order Page: 5 of 5