LTB Order LTB-L-028210-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: IMH Pool III LP v H., 2023 ONLTB 17463 2023 ONLTB 17463 (CanLII) Date: 2023-01-27 File Number: LTB-L-028210-22 In the matter of: 205, 80 WELLESLEY ST E TORONTO ON M4Y1H3 Between: IMH Pool III LP Landlord And L.H. Tenant IMH Pool III LP (the 'Landlord') applied for an order to terminate the tenancy and evict L. H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 17, 2023. The Landlord’s Legal Representative S. Enriquez 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 $1,356.83. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $44.61. This amount is calculated as follows: $1,356.83 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to January 31, 2023 are $17,075.12. 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 $1,211.55 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. 9. Interest on the rent deposit, in the amount of $15.95 is owing to the Tenant for the period from January 1, 2022 to January 17, 2023. Order Page: 1 of 5  File Number: LTB-L-028210-22 Section 83 considerations 10. The Tenant testified that due to some personal issues he got behind on rent but now everything is under control and that he is willing to pay all rent arrears immediately. He did mention that he never received any correspondence from the Landlord as stated by the 2023 ONLTB 17463 (CanLII) Landlord’s Legal Representative in terms of s.83 (2) requirement of the Residential Tenancies Act, 2006 (the 'Act'). The Landlord’s Legal Representative stated that the Landlord had sent out letters in April and May 2022 and also on January 3, 2023. 11. The Tenant agreed to make the full and final payment before the end of the month. I advised the Tenant that my order will be a standard order since the rent arrears are high but if he is able to make the payment before the order termination date, then the order becomes void. 12. 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 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:  $17,261.12 if the payment is made on or before January 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $18,617.95 if the payment is made on or before February 7, 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 7, 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 7, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $15,435.16. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. 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. 6. The Tenant shall also pay the Landlord compensation of $44.61 per day for the use of the unit starting January 18, 2023 until the date the Tenant moves out of the unit. Order Page: 2 of 5  File Number: LTB-L-028210-22 7. If the Tenant does not pay the Landlord the full amount owing on or before February 7, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 8, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before February 7, 2023, then starting February 8, 2023, the 2023 ONLTB 17463 (CanLII) 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 February 8, 2023. January 27, 2023 Date Issued Sheena Brar 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 8, 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 5  File Number: LTB-L-028210-22 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 31, 2023 2023 ONLTB 17463 (CanLII) Rent Owing To January 31, 2023 $17,075.12 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 $17,261.12 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before February 7, 2023 Rent Owing To February 28, 2023 $18,431.95 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 $18,617.95 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $16,476.66 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 - $1,211.55 Less the amount of the interest on the last month's rent deposit - $15.95 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-028210-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $15,435.16 Plus daily compensation owing for each day of occupation starting $44.61 January 18, 2023 (per day) 2023 ONLTB 17463 (CanLII) Order Page: 5 of 5