LTB Order LTB-L-032396-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Homestead Land Holdings Limited v Gonzalez ortiz, 2023 ONLTB 19115 2023 ONLTB 19115 (CanLII) Date: 2023-02-15 File Number: LTB-L-032396-22 In the matter of: 509, 500 SCARLETT RD ETOBICOKE ON M9P2S1 Between: Homestead Land Holdings Limited Landlord And Cralos Harvey Gonzalez Ortiz Tenant Homestead Land Holdings Limited (the 'Landlord') applied for an order to terminate the tenancy and evict Cralos Harvey Gonzalez Ortiz (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 31, 2023. Only the Landlord’s Legal Representative L. Faria attended the hearing. As of 10:16 a.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. At the hearing, the Landlord’s Legal Representative requested to amend the application to include April and May 2022’s rent as the N4 served on April 14, 2022, was based on the rental period of April 1, 2022 till April 31, 2022 and the Tenant had not reached a zero balance from April 2022 till June 2022 when the application was filed with the Board on June 14, 2022. 2. 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. 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent is $1,715.34. It is due on the 1st day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $56.39. This amount is calculated as follows: $1,715.34 x 12, divided by 365 days. 6. The Tenant has paid $13,570.00 to the Landlord since the application was filed. Order Page: 1 of 5  File Number: LTB-L-032396-22 7. The rent arrears owing to January 31, 2023 are $3,271.02. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $1,710.00 from the Tenant and this deposit is still 2023 ONLTB 19115 (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. 10. Interest on the rent deposit, in the amount of $7.06 is owing to the Tenant for the period from November 1, 2022 to January 31, 2023. 11. 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 March 31, 2023 pursuant to subsection 83(1)(b) of the Act since the Tenant has made regular attempts to pay off the rent arrears. 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:  $3,457.02 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR  $5,172.36 if the payment is made on or before March 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 March 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 March 31, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $96.03. 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. If the unit is not vacated on or before March 31, 2023, then starting April 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 7. 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 April 1, 2023. Order Page: 2 of 5  File Number: LTB-L-032396-22 February 15, 2023 Date Issued Sheena Brar Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor 2023 ONLTB 19115 (CanLII) 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 October 1, 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-032396-22 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 February 28, 2023 2023 ONLTB 19115 (CanLII) Rent Owing To February 28, 2023 $16,841.02 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $13,570.00 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 $3,457.02 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before March 31, 2023 Rent Owing To March 31, 2023 $18,556.36 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $13,570.00 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 $5,172.36 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $15182.09 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $13,570.00 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 - $1,695.00 Less the amount of the interest on the last month's rent deposit - $7.06 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-032396-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $96.03 Plus daily compensation owing for each day of occupation starting $56.39 February 1, 2023 (per day) 2023 ONLTB 19115 (CanLII) Order Page: 5 of 5