LTB Order LTB-L-043378-22

2023 ONLTB 25449 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Porto Holdings Limited v Theysen, 2023 ONLTB 25449 Date: 2023-03-16 File Number: LTB-L-043378-22 In the matter of: 1701, 859 JAMES ST WOODSTOCK ON N4S8H6 Between: Port a Holdings Limited Landlord A. E.A.E.N.A.M. Tenant Theysen Porto Holdings Limited (the 'Landlord') applied for an order to terminate the tenancy A. evict E. A. E. N. A. M. Theysen (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 2, 2023. Only the Landlord’s Representative, A.Trent attended the hearing. Nick Parissi, also attended the hearing. 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 $887.47. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $29.18. This amount is calculated as follows: $887.47 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-043378-22 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to March 31, 2023 are $6,166.25. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 2023 ONLTB 25449 (CanLII) 8. The Landlord collected a rent deposit of $887.40 from the Tenant A. 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. The Tenant received a credit of $11.96 because its unlawful for the deposit to be greater than rent charge. ($899.43-$887.47) 9. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties A. whether the Landlord attempted to negotiate a repayment agreement with the Tenant A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $12,477.98 if the payment is made on or before March 27, 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 27, 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 27, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $10,761.47. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. 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 $29.18 per day for the use of the unit starting March 3, 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 27, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 28, 2023 at 5.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-043378-22 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 27, 2023, then starting March 28, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 2023 ONLTB 25449 (CanLII) 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 28, 2023. March 16, 2023 ____________________________ Date Issued Sandra Macchione Member, Landlord A. 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 September 28, 2023 if the order has not been filed on or before this date with the Court Order Page: 3 of 4  File Number: LTB-L-043378-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before March 27, 2023 2023 ONLTB 25449 (CanLII) Rent Owing To March 31, 2023 $12,303.94 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 - $11.96 Total the Tenant must pay to continue the tenancy $12,477.98 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,474.83 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 - $887.40 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 - $11.96 Total amount owing to the Landlord $10,761.47 Plus daily compensation owing for each day of occupation starting $29.18 March 3, 2023 (per day) Order Page: 4 of 4