LTB Order LTB-L-031445-23

2023 ONLTB 58203 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Finch Main Gardens Ltd. v G., 2023 ONLTB 58203 Date: 2023-08-23 File Number: LTB-L-031445-23 In the matter of: 222, 2431 Finch Avenue West Toronto Ontario M9M2E4 Between: Finch Main Gardens Ltd. Landlord And D.G. Tenant Finch Main Gardens Ltd. (the 'Landlord') applied for an order to terminate the tenancy and evict D.G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on August 15, 2023. Only the Landlord’s Legal Representative Samuel M. Korman attended the hearing. As of 1:53 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 $1,282.37. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $42.16. This amount is calculated as follows: $1,282.37 x 12, divided by 365 days. Order Page 1 of 5  File Number: LTB-L-031445-23 5. The Tenant has paid $3,785.05 to the Landlord since the application was filed. 6. The rent arrears owing to August 31, 2023 are $4,035.14. 7. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 58203 (CanLII) 8. The Landlord collected a rent deposit of $1,150.00 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. 9. Interest on the rent deposit, in the amount of $118.07 is owing to the Tenant for the period from December 1, 2016 to August 15, 2023. 10. The Landlord’s Legal Representative requested that eviction be postponed until September 22, 2023. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until September 22, 2023 pursuant to subsection 83(1)(b) 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: • $4,236.14 if the payment is made on or before August 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $5,518.51 if the payment is made on or before September 22, 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 September 22, 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 September 22, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $2,318.10. 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 Order Page 2 of 5  File Number: LTB-L-031445-23 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 $42.16 per day for the use of the unit starting August 16, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 58203 (CanLII) 7. If the Tenant does not pay the Landlord the full amount owing on or before September 3, 2023, the Tenant will start to owe interest. This will be simple interest calculated from September 4, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before September 22, 2023, then starting September 23, 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 September 23, 2023. August 23, 2023 ____________________________ Date Issued Heather Chapple 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 March 23, 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-031445-23 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 August 31, 2023 2023 ONLTB 58203 (CanLII) Rent Owing To August 31, 2023 $7,820.19 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $3,785.05 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 $4,236.14 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before September 22, 2023 Rent Owing To September 30, 2023 $9,102.56 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $3,785.05 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 $5,518.51 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $7,170.22 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $3,785.05 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 - $1,150.00 Less the amount of the interest on the last month's rent deposit - $118.07 Order Page 4 of 5  File Number: LTB-L-031445-23 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 $2,318.10 Plus daily compensation owing for each day of occupation starting $42.16 2023 ONLTB 58203 (CanLII) August 16, 2023 (per day) Order Page 5 of 5