LTB Order LTB-L-041271-22

Order under Section 69 2023 ONLTB 26305 (CanLII) Residential Tenancies Act, 2006 Citation: T.M.L.I.C. v C., 2023 ONLTB 26305 Date: 2023-03-20 File Number: LTB-L-041271-22 In T. matter of: 2614, 44 CHARLES ST W TORONTO ON M4Y1R7 Between: T.M.L.I.C. Landlord And C.J.C. Tenant T.M.L.I.C. (T. 'Landlord') applied for an order to terminate T. tenancy and evict C.J.C. (T. 'Tenant') because T. Tenant did not pay T. rent that T. Tenant owes. This application was heard by videoconference on February 27, 2023. T. Landlord’s Legal Representative Faith McGregor and T. Tenant attended T. hearing. At T. hearing, T. parties consented to T. following order. It is agreed by T. parties that: 1. T. Landlord served T. Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). T. Tenant did not void T. notice by paying T. amount of rent arrears owing by T. termination date in T. N4 Notice or before T. date T. application was filed. 2. As of T. hearing date, T. Tenant was still in possession of T. rental unit. 3. T. lawful rent is $2,240.54. It is due on T. 1st day of each month. 4. T. rent arrears owing to February 28, 2023 are $30,682.08. 5. T. Landlord incurred costs of $186.00 for filing T. application and is entitled to reimbursement of those costs. Order Page: 1 of 3  6. T. Landlord collected a rent deposit of $2,159.99 from T. Tenant and this deposit is still being held by T. Landlord. T. rent deposit can only be applied to T. last rental period of T. tenancy if T. tenancy is terminated. 7. Interest on T. rent deposit, in T. amount of $15.97 is owing to T. Tenant for T. period from January 1, 2022 to February 27, 2023. 2023 ONLTB 26305 (CanLII) 8. T. parties agreed to a standard order with an extension to March 31, 2023. File Number: LTB-L-041271-22 It is ordered that: 1. T. tenancy between T. Landlord and T. Tenant is terminated unless T. Tenant voids this order. 2. T. Tenant may void this order and continue T. tenancy by paying to T. Landlord or to T. LTB in trust: • $33,108.62 if T. payment is made on or before March 31, 2023. See Schedule 1 for T. calculation of T. amount owing. 3. T. Tenant may also make a motion at T. LTB to void this order under section 74(11) of T. Act, if T. Tenant has paid T. full amount owing as ordered plus any additional rent that became due after March 31, 2023 but before T. Court Enforcement Office (Sheriff) enforces T. eviction. T. Tenant may only make this motion once during T. tenancy. 4. If T. Tenant does not pay T. amount required to void this order T. Tenant must move out of T. rental unit on or before March 31, 2023 5. If T. Tenant does not void T. order, T. Tenant shall pay to T. Landlord $28,440.40. This amount includes rent arrears owing up to T. date of T. hearing and T. cost of filing T. application. T. rent deposit and interest T. Landlord owes on T. rent deposit are deducted from T. amount owing by T. Tenant. See Schedule 1 for T. calculation of T. amount owing. 6. T. Tenant shall also pay T. Landlord compensation of $73.66 per day for T. use of T. unit starting February 28, 2023 until T. date T. Tenant moves out of T. unit. 7. If T. Tenant does not pay T. Landlord T. full amount owing on or before March 31, 2023, T. Tenant will start to owe interest. This will be simple interest calculated from April 1, 2023 at 5.00% annually on T. balance outstanding. 8. If T. unit is not vacated on or before March 31, 2023, then starting April 1, 2023, T. Landlord may file this order with T. Court Enforcement Office (Sheriff) so that T. eviction may be enforced. Order Page: 2 of 3  9. Upon receipt of this order, T. Court Enforcement Office (Sheriff) is directed to give vacant possession of T. unit to T. Landlord on or after April 1, 2023. March 20, 2023 ____________________________ Date Issued Margo den Haan Member, Landlord and Tenant Board 2023 ONLTB 26305 (CanLII) 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 T. Act, T. part of this order relating to T. eviction expires on October 1, 2023 if T. order has not been filed on or before this date with T. Court Enforcement Office (Sheriff) that has territorial jurisdiction where T. rental unit is located. File Number: LTB-L-041271-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount T. Tenant must pay to void T. eviction order and continue T. tenancy if T. payment is made on or before March 31, 2023 Rent Owing To March 31, 2023 $32,922.62 Application Filing Fee $186.00 Total T. Tenant must pay to continue T. tenancy $33,108.62 B. Amount T. Tenant must pay if T. tenancy is terminated Rent Owing To Hearing Date $30,430.36 Application Filing Fee $186.00 Less T. amount of T. last month's rent deposit - $2,159.99 Less T. amount of T. interest on T. last month's rent deposit - $15.97 Total amount owing to T. Landlord $28,440.40 Plus daily compensation owing for each day of occupation starting $73.66 February 28, 2023 (per day) Order Page: 3 of 3