LTB Order LTB-L-043277-22

2023 ONLTB 28089 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: MBK Property Rentals Inc v L., 2023 ONLTB 28089 Date: 2023-03-30 File Number: LTB-L-043277-22 In the matter of: 404, 223 QUEEN MARY RD KINGSTON ON K7M2B1 Between: MBK Property Rentals Inc Landlord And E.L. Tenant MBK Property Rentals Inc (the 'Landlord') applied for an order to terminate the tenancy and evict E.L. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 1, 2023. Only the Landlord’s agent, J. O’Leary, attended the hearing. As of 9:45 a.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. 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 $1,049.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $34.49. This amount is calculated as follows: $1,049.00 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-043277-22 5. The Tenant has paid $10,100.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $886.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 28089 (CanLII) 8. The Landlord collected a rent deposit of $965.00 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 $85.66 is owing to the Tenant for the period from June 1, 2017 to March 1, 2023. 10. The Landlord’s agent said that the manager of the building knocks on the Tenant’s door every six weeks or so, and the Tenant promises to pay the arrears. He also said that the Tenant had made two payments since he talked to him in mid-February 2023. The Landlord requests a standard termination order. 11. I have considered all of the disclosed circumstances above in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant, and I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The Tenant has had a running balance of over $2,000.00 for over 6 months, and he still owes the Landlord over $1,000.00 in arrears. He continued to promise the Landlord to pay up all the arrears for six months, and he failed to do so. I find that the tenancy is no longer viable as the Tenant is unable to pay the rent in full and on time. The Tenant did not attend the hearing to provide evidence for why the eviction should be denied or delayed. 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: • $1,072.00 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $2,121.00 if the payment is made on or before April 10, 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 Order Page: 2 of 4  File Number: LTB-L-043277-22 that became due after April 10, 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 April 10, 2023. 2023 ONLTB 28089 (CanLII) 5. As of the date of the hearing, the amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent, compensation and the cost of filing the application the Landlord is entitled to by $993.17. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $34.49 per day for compensation for the use of the unit starting March 2, 2023 until the date the Tenant moves out of the unit. 6. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 7. If the unit is not vacated on or before April 10, 2023, then starting April 11, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 8. 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 11, 2023. March 30, 2023 ____________________________ Date Issued Nancy Morris 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 11, 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. 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 March 31, 2023 Rent Owing To March 31, 2023 $10,986.00 Application Filing Fee $186.00 NSF Charges $0.00 Order Page: 3 of 4  File Number: LTB-L-043277-22 Less the amount the Tenant paid to the Landlord since the - $10,100.00 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 2023 ONLTB 28089 (CanLII) 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 $1,072.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before April 10, 2023 Rent Owing To April 30, 2023 $12,035.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $10,100.00 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 $2,121.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $9,971.49 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $10,100.00 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 - $965.00 Less the amount of the interest on the last month's rent deposit - $85.66 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 $(993.17) Plus daily compensation owing for each day of occupation starting $34.49 March 2, 2023 (per day) Order Page: 4 of 4