LTB Order LTB-L-028072-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Minto Apartment Limited Partnership v V., 2023 ONLTB 18416 2023 ONLTB 18416 (CanLII) Date: 2023-02-06 File Number: LTB-L-028072-22 In the matter of: C, 52 CHESTERTON DR NEPEAN ON K2E5S9 Between: Minto Apartment Limited Partnership Landlord And M.C.V. Tenant Minto Apartment Limited Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict M.C.V. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 17, 2023. Only the Landlord’s legal representative, A. Skelly, attended the hearing. As of 2:00 p.m., 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. 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 $1,563.86. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $51.41. This amount is calculated as follows: $1,563.86 x 12, divided by 365 days. 5. The Tenant has paid $7,628.60 to the Landlord since the application was filed. 6. The rent arrears owing to January 31, 2023 are $6,141.02. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. Order Page: 1 of 4  File Number: LTB-L-028072-22 9. The Landlord’s legal representative said that the Landlord sends letters to the Tenant about the arrears, as well as sends employees to knock at the Tenant’s door, prior to serving the N4 notice of termination. She said that the Landlord sent further letters on December 9, as well as December 19, 2022, to remind the Tenant about the arrears and requests that they contact the Landlord to discuss repayment. There was no response. 2023 ONLTB 18416 (CanLII) The Landlord’s legal representative said that the Tenant made a payment on January 9, 2023, with insufficient funds, and the Tenant was advised that the payment did not go through, but she did not respond. At a follow-up inspection, the Landlord’s employees discovered that the Tenant appeared to be in the process of moving out of the rental unit. Consequently, the Landlord seeks a standard termination order. 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 parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant, and I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. In particular, the Landlord has attempted to discuss the arrears with the Tenant on a number of occasions, and she has not responded. The arrears are now substantially higher than when the Landlord first filed the application, and it is prejudicial to the Landlord for the tenancy to continue. 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:  $7,890.88 if the payment is made on or before February 17, 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 February 17, 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 February 17, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $5,637.13. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $51.41 per day for the use of the unit starting January 18, 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 February 17, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 18, 2023 at 5.00% 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. Order Page: 2 of 4  File Number: LTB-L-028072-22 9. If the unit is not vacated on or before February 17, 2023, then starting February 18, 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 2023 ONLTB 18416 (CanLII) possession of the unit to the Landlord on or after February 18, 2023. February 6, 2023 Date Issued Nancy Morris 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 August 18, 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-028072-22 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 17, 2023 2023 ONLTB 18416 (CanLII) Rent Owing To February 28, 2023 $15,333.48 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,628.60 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 $7,890.88 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $13,079.73 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,628.60 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 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 $5,637.13 Plus daily compensation owing for each day of occupation starting $51.41 January 18, 2023 (per day) Order Page: 4 of 4