LTB Order LTB-L-031652-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: M. v G., 2023 ONLTB 64289 Date: 2023-09-25 2023 ONLTB 64289 (CanLII) File Number: LTB-L-031652-23 In the matter of: 707, 120 HOMEWOOD AVE TORONTO ON M4Y2J3 Between: A.M.A.C.A.M. L. A. M. G. Tenant A.M.A.C.A.M. (the 'L.') applied for an order to terminate the tenancy A. evict M. G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on September 14, 2023. The L. A. the Tenant attended the hearing. As a preliminary issue, the Tenant requested an adjournment which was denied. The Tenant said that he did not receive a notice for this hearing A. only found out about a few days before. However, it was discovered that the Board mailed the notice to the Tenant many weeks prior to the hearing A. the Tenant admitted that he did not check his mail regularly. Determinations: 1. The L. 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 $2,981.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $98.01. This amount is calculated as follows: $2,981.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. Order Page 1 of 5  File Number: LTB-L-031652-23 6. The rent arrears owing to September 30, 2023, are $15,405.00. 7. The L. incurred costs of $186.00 for filing the application A. are entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $2,875.00 from the Tenant A. this deposit is still 2023 ONLTB 64289 (CanLII) 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 $50.61 is owing to the Tenant for the period from January 1, 2023 to September 14, 2023. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would not be unfair to postpone the eviction until October 31, 2023, pursuant to subsection 83(1)(b) of the Act. This will allow the Tenant the time he needs to either pay off the arrears owing or find another place to live. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust:  $15,591.00 if the payment is made on or before September 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $18,572.00 if the payment is made on or before October 31, 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 October 31, 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 October 31, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the L. $11,056.53. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the L. owe 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 L. compensation of $98.01 per day for the use of the unit starting September 15, 2023, until the date the Tenant moves out of the unit. Order Page 2 of 5  File Number: LTB-L-031652-23 7. If the Tenant does not pay the L. the full amount owing on or before October 31, 2023, the Tenant will start to owe interest. This will be simple interest calculated from November 1, 2023, at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before October 31, 2023, then starting November 1, 2023, 2023 ONLTB 64289 (CanLII) the L. 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 November 1, 2023. September 25, 2023 Date Issued Michael Di Salle 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 May 1, 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-031652-23 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 64289 (CanLII) A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before September 30, 2023 Rent Owing To September 30, 2023 $15,405.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. owe 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 $15,591.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before October 31, 2023 Rent Owing To October 31, 2023 $18,386.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. owe 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 $18,572.00 Order Page 4 of 5  File Number: LTB-L-031652-23 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $13,796.14 Application Filing Fee $186.00 NSF Charges $0.00 2023 ONLTB 64289 (CanLII) Less the amount the Tenant paid to the L. 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 - $2,875.00 Less the amount of the interest on the last month's rent deposit - $50.61 Less the amount the L. owe 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 L. $11,056.53 Plus daily compensation owing for each day of occupation starting $98.01 September 15, 2023 (per day) Order Page 5 of 5