LTB Order LTB-L-036546-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: QRes VI Duplex LP v A., 2023 ONLTB 64299 Date: 2023-09-27 2023 ONLTB 64299 (CanLII) File Number: LTB-L-036546-23 In the matter of: 203, 500 DUPLEX AVE TORONTO ON M4R1V6 Between: QRes VI Duplex LP Landlord And E.A. Tenant QRes VI Duplex LP (the 'Landlord') applied for an order to terminate the tenancy and evict E.A. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on September 14, 2023. Only the Landlord's Legal Representative, Mark Ciobotaru, attended the hearing. As of 2:52 p.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. However, it must be noted that the Tenant did attend the hearing block initially and spoke with Duty Counsel prior to this hearing being called. Unfortunately, the Tenant logged off at 2:12 p.m. after meeting with the Duty Counsel and did not return. The Landlord's Legal Representative did attempt to have the building manager contact the Tenant, but this measure was unsuccessful. 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. The lawful rent is $1,650.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $54.25. This amount is calculated as follows: $1,650.00 x 12, divided by 365 days. 5. The Tenant has paid $7,000.00 to the Landlord since the application was filed. Order Page 1 of 5  File Number: LTB-L-036546-23 6. The rent arrears owing to September 30, 2023, are $4,575.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,650.00 from the Tenant and this deposit is still 2023 ONLTB 64299 (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 $39.44 is owing to the Tenant for the period from October 1, 2022 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'), and 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 to make arrangements with the Landlord to pay the outstanding arrears or to find another place to live. 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:  $4,761.00 if the payment is made on or before September 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $6,411.00 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 Landlord $2,181.06. 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. The Tenant shall also pay the Landlord compensation of $54.25 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-036546-23 7. If the Tenant does not pay the Landlord 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 64299 (CanLII) the Landlord 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 27, 2023 Date Issued Michael Di Salle Member, 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 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-036546-23 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 64299 (CanLII) A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before September 30, 2023 Rent Owing To September 30, 2023 $11,575.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,000.00 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 $4,761.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before October 31, 2023 Rent Owing To October 31, 2023 $13,225.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,000.00 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 $6,411.00 Order Page 4 of 5  File Number: LTB-L-036546-23 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $10,684.50 Application Filing Fee $186.00 NSF Charges $0.00 2023 ONLTB 64299 (CanLII) Less the amount the Tenant paid to the Landlord since the - $7,000.00 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 - $1,650.00 Less the amount of the interest on the last month's rent deposit - $39.44 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 $2,181.06 Plus daily compensation owing for each day of occupation starting $54.25 September 15, 2023 (per day) Order Page 5 of 5