LTB Order LTB-L-029735-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Four Silver Maple Holdings Inc c/o GWL Realty Advisors Residential Inc v S., 2023 2023 ONLTB 22493 (CanLII) ONLTB 22493 Date: 2023-04-26 File Number: LTB-L-029735-22 In the matter of: 301, 4 SILVER MAPLE CRT BRAMPTON ON L6T4R2 Between: Four Silver Maple Holdings Inc c/o GWL Landlord Realty Advisors Residential Inc And O.S.Y.S. Tenant Four Silver Maple Holdings Inc c/o GWL Realty Advisors Residential Inc (the 'Landlord') applied for an order to terminate the tenancy and evict O.S.Y.S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 19, 2023. The Tenant attended the hearing. The Landlord was represented at the hearing by Faith McGregor. 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 $1,635.03. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $53.75. This amount is calculated as follows: $1,635.03 x 12, divided by 365 days. 5. The Tenant has paid $8,100.20 to the Landlord since the application was filed. 6. The rent arrears owing to January 31, 2023, are $6,572.78. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 4  File Number: LTB-L-029735-22 8. The Landlord collected a rent deposit of $1,623.57 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 $2.11 is owing to the Tenant for the period 2023 ONLTB 22493 (CanLII) from January 1, 2023, to January 19, 2023. Section 83 Considerations 10. The Tenant does dispute the amount of rent arrears. The issue before the Board is whether it is appropriate to grant relief from eviction pursuant to s.8 3 of the Act. 11. According to s. 83 of the Act when the Board hears an application for an order evicting a tenant, the Board must consider whether there are any circumstances that support granting relief from eviction. 12. At the hearing the Tenant did not seem interested in preserving the tenancy. He did not put forward a plan to pay the arrears. Further, the Tenant stated he had no income coming in and would not be going back to work until summer. 13. For these reasons, I do not find circumstances warrant denying eviction. 14. I have considered all of the 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. 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:  $10,028.84 if the payment is made on or before March 12, 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 March 12, 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 March 12, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $4,519.32. 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. Order Page: 2 of 4  File Number: LTB-L-029735-22 6. The Tenant shall also pay the Landlord compensation of $53.75 per day for the use of the unit starting January 20, 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 May 7, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 8, 2023 ONLTB 22493 (CanLII) 2023, at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before March 12, 2023, then starting March 13, 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 13, 2023. April 26, 2023 Date Issued Bryan Delorenzi 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 September 13, 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-029735-22 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 March 12, 2023 2023 ONLTB 22493 (CanLII) Rent Owing To March 31, 2023 $17,943.04 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $8,100.20 application was filed Total the Tenant must pay to continue the tenancy $10,028.84 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $14,059.20 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $8,100.20 application was filed Less the amount of the last month's rent deposit - $1,623.57 Less the amount of the interest on the last month's rent deposit - $2.11 Total amount owing to the Landlord $4,519.32 Plus daily compensation owing for each day of occupation starting $53.75 January 20, 2023 (per day) Order Page: 4 of 4