LTB Order LTB-L-035740-22

2023 ONLTB 77660 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Alta Place Property Management Inc v H., 2023 ONLTB 77660 Date: 2023-12-01 File Number: LTB-L-035740-22 In the matter of: 1109, 31 HIGH ST E MISSISSAUGA ON L5G1J9 Between: Alta Place Property Management Inc Landlord And B.H. Tenant Alta Place Property Management Inc (the 'Landlord') applied for an order to terminate the tenancy and evict B.H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on November 6, 2023. Only the Landlord’s Legal Representative, L.D. Goncalves attended the hearing. As of 10:38 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. 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. At the hearing, the Landlord directed my attention to an amended L1 Application dated June 25, 2022. This amended application amended the amount of rent paid by the Tenant Order Page 1 of 5  File Number: LTB-L-035740-22 between March 1, 2022 to May 31, 2022 from $3,285.50 to $4,928.25 to reflect an additional payment of $1,642.75 between the periods. This amended the total rent owing to $2,022.71 as of June 25, 2022. 4. The Landlord also submitted an amended L1/L9 Application – Information Update Form which indicated that rent had come due in the amount of $1,737.74 effective July 1, 2022 2023 ONLTB 77660 (CanLII) to January 31, 2023 and that the rent had increased from $1,737.74 to $1,781.17 as of February 1, 2023, effective to the date of the hearing. 5. Based on the Landlord’s uncontested submissions at the hearing, I find that the lawful rent is $1,781.17 as of February 1, 2023. It is due on the 1st day of each month. 6. The arrears amounts and payments made as outlined in the amended L1 application and the current L1/L9 Application – Information Update Form did not match; there was an error in the calculations. 7. In accordance with subsections 59, 69, and 74(3) of the Residential Tenancies Act, 2006, “an order of the Board terminating and evicting the tenant in an application under section 69 based on a notice of termination under section 59 shall specify the following amounts…the amount of rent that is in arrears under the tenancy agreement, the daily amount of compensation that must be paid under section 86, and any costs ordered by the Board.” 8. I issued a Member Endorsement Form allowing the Landlord an opportunity to provide a corrected statement of rental amounts, inclusive of rental payments and the total arrears outstanding. In my endorsement, I provided until 5:00 p.m. on November 15, 2023 for the Landlord to provide updated submissions to the Board. 9. The Landlord provided an updated ledger and L1/L9 Application – Information Update Form. The ledger and original L1/L9 Application – Information Update Form credited a $50.00 payment of a parking tag key deposit at an additional $50.00 which was not removed from the updated L1/L9 Application – Information Update Form. 10. As I have not received submissions from the Landlord to remove the additional credit of $50.00, I find that the correct rental arrears are $1,176.73. 11. Based on the Monthly rent, the daily rent/compensation is $58.56. This amount is calculated as follows: $1,781.17 x 12, divided by 365 days. 12. The Tenant has paid $30,821.86 to the Landlord since the application was filed. 13. The rent that has come due since the application was filed is $29,975.88. 14. The rent arrears owing to November 30, 2023 are $1,176.73. 15. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page 2 of 5  File Number: LTB-L-035740-22 16. The Landlord collected a rent deposit of $1,737.75 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. 17. Interest on the rent deposit, in the amount of $86.91 is owing to the Tenant for the period from May 1, 2021 to November 6, 2023. 2023 ONLTB 77660 (CanLII) 18. Given that the tenant owed less than a month of rent as of the date of the hearing and the fact that this order is being issued on December 1, 2023, I find that it would not be unfair to extend the termination date to December 31, 2023. 19. There is minimal prejudice to the Landlord as the order was not issued until December and the Landlord has collected a last month’s rent deposit. 20. 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 December 31, 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: • $2,957.90 if the payment is made on or before December 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 December 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 December 31, 2023 5. As of the date of the hearing, the amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent, compensation and the cost of filing the application the Landlord is entitled to by $461.93. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $58.56 per day for compensation for the use of the unit starting November 7, 2023 until the date the Tenant moves out of the unit. 6. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. Order Page 3 of 5  File Number: LTB-L-035740-22 7. If the unit is not vacated on or before December 31, 2023, then starting January 1, 2024, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 2023 ONLTB 77660 (CanLII) 8. 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 January 1, 2024. December 1, 2023 ____________________________ Date Issued Christopher Lin Member, Landlord and Tenant Board ____________________________ Nicola Mulima Vice-Chair, 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 June 30, 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 4 of 5  File Number: LTB-L-035740-22 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 December 31, 2023 2023 ONLTB 77660 (CanLII) Rent Owing To December 31, 2023 $33,779.76 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $30,821.86 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 $3143.90 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $31,998.59 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $30,821.86 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 - $1,737.75 Less the amount of the interest on the last month's rent deposit - $86.91 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 $(461.93) Plus daily compensation owing for each day of occupation starting $58.56 November 7, 2023 (per day) Order Page 5 of 5