LTB Order LTB-L-034926-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: B. v V., 2023 ONLTB 19048 2023 ONLTB 19048 (CanLII) Date: 2023-02-08 File Number: LTB-L-034926-22 In the matter of: 1805, 914 YONGE ST TORONTO ON M4W3C8 Between: M.N.B.A.O.A. L. W. A. M. V. Tenant M.N.B.A.O.A. W. (the 'L.') applied for an order to terminate the tenancy A. evict M. V. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 1, 2023. The Landlord, M. N. B., A. the Tenant attended the hearing. 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 $2,000.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $65.75. This amount is calculated as follows: $2,000.00 x 12, divided by 365 days. 5. The Tenant has paid $10,600.00 to the L. since the application was filed. 6. The rent arrears owing to February 28, 2023 are $6,900.00. 7. The L. incurred costs of $186.00 for filing the application A. are entitled to reimbursement of those costs. Order Page: 1 of 5  File Number: LTB-L-034926-22 8. The L. collected a rent deposit of $2,000.00 from the Tenant A. this deposit is still being held by the L.. 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 $37.95 is owing to the Tenant for the period 2023 ONLTB 19048 (CanLII) from May 1, 2022 to February 1, 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 15, 2023 pursuant to subsection 83(1)(b) of the Act. This would allow the Tenant the time to pay the outstanding arrears 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:  $7,086.00 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR  $9,086.00 if the payment is made on or before March 15, 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 15, 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 15, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the L. $3,113.80. 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 $65.75 per day for the use of the unit starting February 2, 2023, until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the L. the full amount owing on or before March 15, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 16, 2023, at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before March 15, 2023, then starting March 16, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page: 2 of 5  File Number: LTB-L-034926-22 9. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the L. on or after March 16, 2023. 2023 ONLTB 19048 (CanLII) February 8, 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 September 16, 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-034926-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 19048 (CanLII) 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 Rent Owing To February 28, 2023 $17,500.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $10,600.00 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 $7,086.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before March 15, 2023 Rent Owing To March 31, 2023 $19,500.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $10,600.00 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 $9,086.00 Order Page: 4 of 5  File Number: LTB-L-034926-22 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $15,565.75 Application Filing Fee $186.00 NSF Charges $0.00 2023 ONLTB 19048 (CanLII) Less the amount the Tenant paid to the L. since the - $10,600.00 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 - $2,000.00 Less the amount of the interest on the last month's rent deposit - $37.95 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. $3,113.80 Plus daily compensation owing for each day of occupation starting $65.75 February 2, 2023 (per day) Order Page: 5 of 5