LTB Order LTB-L-037044-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Capreit Limited Partnership v S., 2023 ONLTB 22570 2023 ONLTB 22570 (CanLII) Date: 2023-02-28 File Number: LTB-L-037044-22 In the matter of: 1610-11 Knightsbridge Road Brampton, ON L6T 3X4 Between: Capreit Limited Partnership Landlord And M.S. Tenant Capreit Limited Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict M.S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 13, 2023. The Landlord’s Legal Representative Marie Block and the Tenant attended the hearing. 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 $1,361.75. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $44.77. This amount is calculated as follows: $1,361.75 x 12, divided by 365 days. 5. The Tenant has paid $5,046.89 since the application was filed. 6. The rent arrears owing to February 28, 2023 are $7,308.33. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. Section 83 Considerations 9. The parties on consent requested a standard order to March 17, 2023. Order Page: 1 of 5  File Number: LTB-L-037044-22 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 March 17, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 2023 ONLTB 22570 (CanLII) 11. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 12. The Tenant may void this order and continue the tenancy by paying to the Landlord: 1. $7,308.33 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR 2. $8,670.08 if the payment is made on or before March 17, 2023. See Schedule 1 for the calculation of the amount owing. 13. 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 17, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 14. 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 17, 2023. 15. If the Tenant does not void the order, the Tenant shall pay to the Landlord $6,528.59. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 16. The Tenant shall also pay the Landlord compensation of $44.77 per day for the use of the unit starting February 14, 2023 until the date the Tenant moves out of the unit. 17. If the Tenant does not pay the Landlord the full amount owing on or before March 11, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 12, 2023 at 5.00% annually on the balance outstanding. 18. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 19. If the unit is not vacated on or before March 17, 2023, then starting March 18, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 20. 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 18, 2023. February 28, 2023 Date Issued Jagger Benham Member, Landlord and Tenant Board Order Page: 2 of 5  File Number: LTB-L-037044-22 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. 2023 ONLTB 22570 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on September 18, 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-037044-22 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 22570 (CanLII) Rent Owing To February 28, 2023 $12,169.22 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $5,046.89 application was filed Total the Tenant must pay to continue the tenancy $7,308.33 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before March 17, 2023 Rent Owing To March 31, 2023 $13,530.97 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $5,046.89 application was filed Total the Tenant must pay to continue the tenancy $8,670.08 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,389.48 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $5,046.89 application was filed Total amount owing to the Landlord $6,528.59 Plus daily compensation owing for each day of occupation starting $44.77 February 14, 2023 (per day) Order Page: 4 of 5 File Number: LTB-L-037044-22 2023 ONLTB 22570 (CanLII) Order Page: 5 of 5