LTB Order LTB-L-044640-22

2023 ONLTB 25996 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Waverly Place Apartments Limited c/o Realstar Management Partnership v W., 2023 ONLTB 25996 Date: 2023-03-24 File Number: LTB-L-044640-22 In the matter of: 210, 87 ROCKWOOD AVE ST CATHARINES ON L2P3V3 Between: Waverly Place Apartments Limited c/o Landlord Realstar Management Partnership And L.W. Tenant Waverly Place Apartments Limited c/o Realstar Management Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict L.W. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on March 2, 2023. Only the Landlord’s representative, Faith McGregor attended the hearing. As of 1:58 p.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. Order Page: 1 of 5  File Number: LTB-L-044640-22 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $1,105.42. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $36.34. This amount is calculated 2023 ONLTB 25996 (CanLII) as follows: $1,105.42 x 12, divided by 365 days. 5. The Tenant has paid $7,221.40 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $2,264.18. 7. The Landlord is entitled to $40.00 to reimburse the Landlord for administration charges and bank fees the Landlord incurred as a result of 2 cheque given by or on behalf of the Tenant which was returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. Relief from Eviction 10. 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 and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 11. As noted, the Tenant did not attend the hearing of this matter and thus I did not have the opportunity to hear their evidence regarding their circumstances or to dispute the Landlord’s application for an eviction order. 12. The Landlord’s representative confirmed that that the Landlord sent letters to the Tenant monthly letters from April 22, 2022 for a repayment plan with no response from the Tenant. I am satisfied the Landlord met their obligation to attempt to negotiate a repayment plan with the Tenant 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: Order Page: 2 of 5  File Number: LTB-L-044640-22 • $2,490.18 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. OR 2023 ONLTB 25996 (CanLII) • $3,595.60 if the payment is made on or before April 4, 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 April 4, 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 4, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $1,457.44. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $36.34 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 April 4, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 5, 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 April 4, 2023, then starting April 5, 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 April 5, 2023. March 24, 2023 ____________________________ Date Issued Camille Clyne Order Page: 3 of 5  File Number: LTB-L-044640-22 Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 2023 ONLTB 25996 (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 October 5, 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 $9,485.58 Application Filing Fee $186.00 NSF Charges $40.00 Less the amount the Tenant paid to the Landlord since the - $7,221.40 application was filed Total the Tenant must pay to continue the tenancy $2,490.18 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before April 4, 2023 Rent Owing To April 30, 2023 $10,591.00 Application Filing Fee $186.00 NSF Charges $40.00 Less the amount the Tenant paid to the Landlord since the - $7,221.40 application was filed Total the Tenant must pay to continue the tenancy $3,595.60 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $8,452.84 Application Filing Fee $186.00 NSF Charges $40.00 Less the amount the Tenant paid to the Landlord since the - $7,221.40 application was filed Less the amount of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Total amount owing to the Landlord $1,457.44 Order Page: 4 of 5  File Number: LTB-L-044640-22 Plus daily compensation owing for each day of occupation starting $36.34 March 3, 2023 (per day) 2023 ONLTB 25996 (CanLII) Order Page: 5 of 5