LTB Order LTB-L-047572-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 36669 (CanLII) Citation: 1841865 ONTARIO INC v M., 2023 ONLTB 36669 Date: 2023-05-15 File Number: LTB-L-047572-22 In the matter of: 5, 106 QUEEN ST E CAMBRIDGE ON N3C2B1 Between: 1841865 ONTARIO INC Landlord And E.M. Tenant 1841865 ONTARIO INC (the 'Landlord') applied for an order to terminate the tenancy and evict E.M. (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 27, 2023. The Landlord’s employee J Roswell and the Tenant attended the hearing. 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 $1,306.87. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $42.97. This amount is calculated as follows: $1,306.87 x 12, divided by 365 days. 5. The Tenant has paid $1,020.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $9,275.61. 7. The Landlord is entitled to $100.00 to reimburse the Landlord for administration charges and $107.00 for bank fees the Landlord incurred as a result of 5 cheques given by or on behalf of the Tenant which were returned NSF. Order Page: 1 of 5  File Number: LTB-L-047572-22 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $1,275.00 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. 2023 ONLTB 36669 (CanLII) 10. Interest on the rent deposit, in the amount of $7.51 is owing to the Tenant for the period from January 1, 2023 to March 27, 2023. Relief from Eviction 11. The Tenant testified that she would like to maintain her tenancy. The Tenant secured fulltime employment on March 1, 2023. At the hearing, the Tenant said she would be paying rent for the months of April and May in full and on time. The Tenant also said she would be paying $100 towards the arrears on the 15th and 30th of April and May, 2023. The Tenant said that she is working with an agency to secure payment of the remaining rent arrears to be paid by May 31, 2023. 12. The Landlord testified that there is a lack of trust between the Tenant and the Landlord. They reiterated their request for a standard order and that there is an L2 application based on an N5 Notice to End your Tenancy for Interfering with Others filed with the Board, but not yet scheduled for a hearing. 13. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until June 30, 2023 pursuant to subsection 83(1)(b) of the Act. The short delay will allow the Tenant to ensure that the agency will pay the rent arrears and allow the Tenant to continue her tenancy. The delay will not unduly prejudice the Landlord. The Landlord’s L2 application is not before me at this hearing so I cannot consider the allegations made in that application. 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: • $12,282.35 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $13,589.22 if the payment is made on or before June 30, 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 5  File Number: LTB-L-047572-22 that became due after June 30, 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 June 30, 2023 2023 ONLTB 36669 (CanLII) 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $8,239.42. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. The rent deposit and 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 $42.97 per day for the use of the unit starting March 28, 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 May 26, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 27, 2023 at 6.00% 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 June 30, 2023, then starting July 1, 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 July 1, 2023. May 15, 2023 ____________________________ Date Issued Heather Kenny 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 January 1, 2024 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 5  File Number: LTB-L-047572-22 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 31, 2023 2023 ONLTB 36669 (CanLII) Rent Owing To May 31, 2023 $12,909.35 Application Filing Fee $186.00 NSF Charges $207.00 Less the amount the Tenant paid to the Landlord since the - $1,020.00 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 $12,282.35 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before June 30, 2023 Rent Owing To June 30, 2023 $14,216.22 Application Filing Fee $186.00 NSF Charges $207.00 Less the amount the Tenant paid to the Landlord since the - $1,020.00 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 $13,589.22 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $10,148.93 Application Filing Fee $186.00 NSF Charges $207.00 Less the amount the Tenant paid to the Landlord since the - $1,020.00 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 - $1,275.00 Order Page: 4 of 5  File Number: LTB-L-047572-22 Less the amount of the interest on the last month's rent deposit - $7.51 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 2023 ONLTB 36669 (CanLII) Total amount owing to the Landlord $8,239.42 Plus daily compensation owing for each day of occupation starting $42.97 March 28, 2023 (per day) Order Page: 5 of 5