LTB Order LTB-L-046540-22

2023 ONLTB 33963 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: E.M.A. v A., 2023 ONLTB 33963 Date: 2023-05-05 File Number: LTB-L-046540-22 In the matter of: 503, 215 GOSFORD BLVD NORTH YORK ON M3N2W2 Between: E.M.A. Landlord And F.A.A. Tenant E.M.A. (the 'Landlord') applied for an order to terminate the tenancy and evict F.A.A. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 14, 2023. Only the Landlord’s Agent Patricia Marshall attended the hearing. As of 10:03 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 $1,232.23. It is due on the 1st day of each month. Order Page: 1 of 4  File Number: LTB-L-046540-22 4. Based on the Monthly rent, the daily rent/compensation is $40.51. This amount is calculated as follows: $1,232.23 x 12, divided by 365 days. 5. The Tenant has paid $8,925.81 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $237.80. 2023 ONLTB 33963 (CanLII) 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. It was the Landlord’s evidence that the Tenant has been in regular contact and has been making payments. The Landlord’s Agent indicated that she had been expecting a payment from the Tenant the day before the hearing, but it was not made. 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. 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: • $2,888.26 if the payment is made on or before May 16, 2023 (less any payments made since the date of the hearing). 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 May 16, 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 May 16, 2023 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 $241.29. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $40.51 per day for compensation for the use of the unit starting March 15, 2023 until the date the Tenant moves out of the unit. Order Page: 2 of 4  File Number: LTB-L-046540-22 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 May 16, 2023, then starting May 17, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 2023 ONLTB 33963 (CanLII) 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 May 17, 2023. May 5, 2023 ____________________________ Date Issued Margo den Haan 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 November 17, 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. Order Page: 3 of 4  File Number: LTB-L-046540-22 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 May 16, 2023 2023 ONLTB 33963 (CanLII) Rent Owing To May 31, 2023 (less any payments made since the $11,628.07 date of the hearing) Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $8,925.81 application was filed Total the Tenant must pay to continue the tenancy (less any $2,888.26 payments made since the date of the hearing) B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $8,498.52 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $8,925.81 application was filed Total amount owing to the Landlord $(241.29) Plus daily compensation owing for each day of occupation starting $40.51 March 15, 2023 (per day) Order Page: 4 of 4