LTB Order LTB-L-037664-22

2023 ONLTB 22640 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Havcare Investments Inc v M., 2023 ONLTB 22640 Date: 2023-03-07 File Number: LTB-L-037664-22 In the matter of: 305, 500 DAWES RD Toronto ON M4B2G1 Between: Havcare Investments Inc Landlord And R.M. Tenant Havcare Investments Inc (the 'Landlord') applied for an order to terminate the tenancy and evict R.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 14, 2023. The Landlord and the Tenant attended the hearing. The parties mutually agreed to resolve all matters at issue in the application and requested an order on consent. I was satisfied that the parties understood the consequences of the joint submission. At the hearing, the parties agreed: 1. The Tenant is in possession of the rental unit. 2. The lawful rent is $1,152.18. It is due on the 1st day of each month. 3. The Tenant made payments since the application was filed. 4. The rent arrears owing to February 28, 2023, total $1,909.25. 5. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 6. The Landlord collected a rent deposit of $1152.18 from the Tenant and this deposit is still being held by the Landlord. Order Page: 1 of 4  File Number: LTB-L-037664-22 7. The parties agree that the amount outstanding to February 28, 2022, inclusive of rent arrears, and costs, is $2,095.25. It is ordered that: 2023 ONLTB 22640 (CanLII) 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: • $2,095.25 if the payment is made on or before March 3, 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 21, 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 14, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $321.21. 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 $37.88 per day for the use of the unit starting February 15, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before March 14, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 15, 2023 at 5.00% annually on the balance outstanding. 8. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before March 14, 2023, then starting March 15, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. 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 12, 2023. March 7, 2023 ____________________________ Date Issued William Greenberg Member, Landlord and Tenant Board Order Page: 2 of 4  File Number: LTB-L-037664-22 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 2023 ONLTB 22640 (CanLII) 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 12, 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 3 of 4  File Number: LTB-L-037664-22 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 22640 (CanLII) Rent Owing To February 28, 2023 $1,909.25 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 $2,095.25 B. C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $1,287.39 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 - $1,152.18 Less the amount of the interest on the last month's rent deposit - $0.00 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 $321.21 Plus daily compensation owing for each day of occupation starting $37.88 February 15, 2023 (per day) Order Page: 4 of 4