LTB Order LTB-L-029666-22

2023 ONLTB 21749 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Metcap Living Management Inc v V., 2023 ONLTB 21749 Date: 2023-02-22 File Number: LTB-L-029666-22 In the matter of: 804, 182 CHURCH ST E BRAMPTON ON L6V1H2 Between: Metcap Living Management Inc Landlord A. A.V.A.C.D.G. Tenants Metcap Living Management Inc (the 'Landlord') applied for an order to terminate the tenancy A. evict A.V.A.C.D.G. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on January 18, 2023. Only the Landlord’s legal representative, Michelle Forrester attended the hearing. As of 2:40 p.m. the Tenants were not present or represented at the hearing. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). 2. As of the hearing date, the Tenants was still in possession of the rental unit. 3. The lawful rent is $1,731.22. It is due on the 1st day of each month. 4. Based on the monthly rent, the daily rent/compensation is $56.92. This amount is calculated as follows: $1,731.22 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-029666-22 5. The Tenants paid $9,109.22 to the Landlord since the application was filed. 6. The rent arrears owing to January 31, 2023 are $6,134.00. 7. The Landlord is entitled to $20.00 to reimburse the Landlord for administration charges A. 2023 ONLTB 21749 (CanLII) $7.00 for bank fees the Landlord incurred as a result of 1 cheque given by or on behalf of the Tenants which was returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $1,689.00 from the Tenants A. 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 $2.08 is owing to the Tenants for the period from January 1, 2023 to January 18, 2023. 11. 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 A. whether the Landlord attempted to negotiate a repayment agreement with the Tenants A. 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 A. the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $8,078.22 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR • $9,809.44 if the payment is made on or before March 5, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants have paid the full amount owing as ordered plus any additional rent that became due after March 5, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. Order Page: 2 of 4  File Number: LTB-L-029666-22 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before March 5, 2023 5. If the Tenants do no void the order, the Tenants shall pay to the Landlord $3,949.26. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the 2023 ONLTB 21749 (CanLII) application A. unpaid NSF charges. The rent deposit A. interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $56.92 per day for the use of the unit starting January 19, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before March 5, 2023, the Tenants will start to owe interest. This will be simple interest calculated from March 6, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before March 5, 2023, then starting March 6, 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 March 6, 2023. February 22, 2023 ____________________ Date Issued Debbie Mosaheb Member, Landlord A. 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 September 6, 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. Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before February 28, 2023 Order Page: 3 of 4  File Number: LTB-L-029666-22 Rent Owing To February 28, 2023 $16,974.44 Application Filing Fee $186.00 NSF Charges $27.00 Less the amount the Tenants paid to the Landlord since the - $9,109.22 2023 ONLTB 21749 (CanLII) application was filed Total the Tenants must pay to continue the tenancy $8,078.22 B. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before March 5, 2023 Rent Owing To March 31, 2023 $18,705.66 Application Filing Fee $186.00 NSF Charges $27.00 Less the amount the Tenants paid to the Landlord since the - $9,109.22 application was filed Total the Tenants must pay to continue the tenancy $9,809.44 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $14,536.56 Application Filing Fee $186.00 NSF Charges $27.00 Less the amount the Tenants paid to the Landlord since the - $9,109.22 application was filed Less the amount of the last month's rent deposit - $1,689.00 Less the amount of the interest on the last month's rent deposit - $2.08 Total amount owing to the Landlord $3,949.26 Plus daily compensation owing for each day of occupation starting $56.92 January 19, 2023 (per day) Order Page: 4 of 4