LTB Order LTB-L-048282-22

2023 ONLTB 31415 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Metcap Living Management Inc v M., 2023 ONLTB 31415 Date: 2023-04-17 File Number: LTB-L-048282-22 In the matter of: 701, 10 MACEY AVE SCARBOROUGH ON M1L4R4 Between: Metcap Living Management Inc Landlord And L.M. Tenant Metcap Living Management Inc (the 'Landlord') applied for an order to terminate the tenancy and evict L.M. (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 Emma Bennet attended the hearing. As of 10:18 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 $1,177.32. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $38.71. This amount is calculated as follows: $1,177.32 x 12, divided by 365 days. 5. The Tenant has paid $8,065.84 to the Landlord since the application was filed. Order Page: 1 of 4  File Number: LTB-L-048282-22 6. The rent arrears owing to March 31, 2023 are $1,206.73. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,159.71 from the Tenant and this deposit is still 2023 ONLTB 31415 (CanLII) 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 $16.18 is owing to the Tenant for the period from January 1, 2022 to March 2, 2023. 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'), and find that it would not be unfair to postpone the eviction until April 30, 2023 pursuant to subsection 83(1)(b) of the Act. 11. In making my decision to postpone eviction, I have considered the minimal amount of rental arrears owing at the time of the hearing, in addition to the Tenant’s frequent rent payments since the L1 application was filed. The extended termination date to April 30, 2023 will provide a fair opportunity to the Tenant to void the Order and preserve their tenancy. 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: • $2,570.05 if the payment is made on or before April 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 that became due after April 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 April 30, 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 $883.06. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $38.71 per day for compensation for the use of the unit starting March 3, 2023 until the date the Tenant moves out of the unit. Order Page: 2 of 4  File Number: LTB-L-048282-22 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 April 30, 2023, then starting May 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 2023 ONLTB 31415 (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 1, 2023. April 17, 2023 ____________________________ Date Issued André-Paul Baillargeon-Smith 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 29, 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-048282-22 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 April 28, 2023 2023 ONLTB 31415 (CanLII) Rent Owing To April 30, 2023 $10,449.89 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $8,065.84 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 $2,570.05 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $8,172.67 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $8,065.84 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 - $1,159.71 Less the amount of the interest on the last month's rent deposit - $16.18 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 $(883.06) Plus daily compensation owing for each day of occupation starting $38.71 March 3, 2023 (per day) Order Page: 4 of 4