LTB Order LTB-L-039762-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: S. v K., 2023 ONLTB 22555 2023 ONLTB 22555 (CanLII) Date: 2023-02-27 File Number: LTB-L-039762-22 In the matter of: 1203, 30 ROEHAMPTON AVE TORONTO ON M4P0B9 Between: A.L.S. Landlord And S.K. Tenant A.L.S. (the 'Landlord') applied for an order to terminate the tenancy and evict S. K. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 15, 2023. The Landlord’s Legal Representative, Kelly Hawkes, and the Tenant attended the hearing. The Tenant spoke to Tenant Duty Counsel prior to 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 $2,200.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $72.33. This amount is calculated as follows: $2,200.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to February 28, 2023 are $24,200.00. 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 $2,200.00 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. 9. Interest on the rent deposit, in the amount of $93.18 is owing to the Tenant for the period from October 17, 2019 to February 15, 2023. Order Page: 1 of 4  File Number: LTB-L-039762-22 10. The Tenant testified that he is able to pay the rent arrears owing to the Landlord. He stated he has not paid the monthly rent as he is unaware of how to forward the payments to the Landlord. He stated he was provided with a person’s name to send the rent to however, as he did not know who this person was, he did not pay the monthly rent. 11. The Landlord’s Legal Representative submitted that the Tenant is well aware of who to the 2023 ONLTB 22555 (CanLII) send the rent to as he has been advised on numerous occasions. She submitted that this is not the first time the Landlord and the Tenant have been before the Board for a rent arrears application and the Tenant had previously provided this defence. 12. At the hearing, I suggested that the Landlord’s Legal Representative provide the Tenant with a mailing address to forward a certified cheque to the Landlord and also provide the Tenant with a valid email address to forward the future rent to the Landlord via e-transfer. 13. Both the Landlord’s Legal Representative and the Tenant agreed to this arrangement and agreed to a standard order with a termination date of March 31, 2023. 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:  $24,386.00 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR  $26,586.00 if the payment is made on or before March 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 March 31, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. The Landlord shall provide the Tenant with the Landlord’s mailing address and a valid email address. 5. The Tenant shall pay the lawful monthly rent via e-transfer to the Landlord. 6. 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 31, 2023 7. If the Tenant does not void the order, the Tenant shall pay to the Landlord $20,977.77. 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. Order Page: 2 of 4  File Number: LTB-L-039762-22 8. The Tenant shall also pay the Landlord compensation of $72.33 per day for the use of the unit starting February 16, 2023 until the date the Tenant moves out of the unit. 9. If the Tenant does not pay the Landlord the full amount owing on or before March 31, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 1, 2023 ONLTB 22555 (CanLII) 2023 at 5.00% annually on the balance outstanding. 10. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 11. If the unit is not vacated on or before March 31, 2023, then starting April 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 12. 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 April 1, 2023. February 27, 2023 Date Issued Susan Priest 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 October 1, 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-039762-22 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 22555 (CanLII) Rent Owing to February 28, 2023 $24,200.00 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 Total the Tenant must pay to continue the tenancy $24,386.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before March 31, 2023 Rent Owing to March 31, 2023 $26,400.00 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 Total the Tenant must pay to continue the tenancy $26,586.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing to Hearing Date $23,084.95 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 - $2,200.00 Less the amount of the interest on the last month's rent deposit - $93.18 Total amount owing to the Landlord $20,977.77 Plus daily compensation owing for each day of occupation starting $72.33 February 16, 2023 (per day) Order Page: 4 of 4