LTB Order LTB-L-032764-22

2023 ONLTB 19203 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: CAPREIT LIMITED PARTNERSHIP v Tapologo, 2023 ONLTB 19203 Date: 2023-02-07 File Number: LTB-L-032764-22 In the matter of: 303, 7 ROANOKE RD NORTH YORK ON M3A1E3 Between: CAPREIT LIMITED PARTNERSHIP Landlord A. G.D.A.K.O. Tenant Tapologo CAPREIT LIMITED PARTNERSHIP (the 'Landlord') applied for an order to terminate the tenancy A. evict G.D.A.K.O. Tapologo (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 31, 2023 at 09:00 am. The Landlord Representative Jason Paine A. the Tenants attended the hearing. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment 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 Tenants were still in possession of the rental unit. 3. The lawful rent is $2,121.27. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $69.74. This amount is calculated as follows: $2,121.27 x 12, divided by 365 days. 5. The Tenant has paid $3,000.00 to the Landlord since the application was filed. 6. The rent arrears owing to January 31, 2023 are $18,798.51. Order Page: 1 of 5  File Number: LTB-L-032764-22 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,121.27 from the Tenant 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. 2023 ONLTB 19203 (CanLII) 9. Interest on the rent deposit, in the amount of $2.18 is owing to the Tenant for the period from January 1, 2023 to January 31, 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 March 30, 2023 pursuant to subsection 83(1)(b) of the Act. 11. Specifically, at the time of the hearing the Tenants testified that they just recently gained employment A. would be seeking financial assistance to pay down the arears. Based on this testimony A. the Tenants recent efforts I am satisfied that a delay is warranted. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $18,105.78 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR • $20,227.05 if the payment is made on or before March 30, 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 Tenant has paid the full amount owing as ordered plus any additional rent that became due after March 30, 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 Tenants does not pay the amount required to void this order the Tenant must move out of the rental unit on or before March 30, 2023 5. If the Tenants does not void the order, the Tenant shall pay to the Landlord $13,861.06. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $69.74 per day for the use of the unit starting January 19, 2023 until the date the Tenant moves out of the unit. Order Page: 2 of 5  File Number: LTB-L-032764-22 7. If the Tenants does not pay the Landlord the full amount owing on or before March 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 31, 2023 at 5.00% annually on the balance outstanding 8. If the unit is not vacated on or before March 30, 2023, then starting March 31, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction 2023 ONLTB 19203 (CanLII) 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 31, 2023. February 7, 2023 ____________________________ Date Issued Kelly Delaney 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 30, 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-032764-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before February 28, 2023 2023 ONLTB 19203 (CanLII) Rent Owing To February 28, 2023 $20,919.78 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $3,000.00 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 $18,105.78 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before March 31, 2023 Rent Owing To March 30, 2023 $23,041.05. Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $3,000.00 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 $20,227.05 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $18,789.51 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $3,000.00 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 - $2,121.27 Less the amount of the interest on the last month's rent deposit - $2.18 Order Page: 4 of 5  File Number: LTB-L-032764-22 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 $13,861.06 Plus daily compensation owing for each day of occupation starting $69.74 2023 ONLTB 19203 (CanLII) February 1, 2023 (per day) Order Page: 5 of 5