LTB Order LTB-L-051641-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 76214 (CanLII) Citation: CAPREIT LIMITED PARTNERSHIP v Jackson-Baker, 2023 ONLTB 76214 Date: 2023-11-20 File Number: LTB-L-051641-22 In the matter of: 505, 20 SHALLMAR BLVD TORONTO ON M5N1J5 Between: CAPREIT LIMITED PARTNERSHIP Landlord And B.J. Tenant CAPREIT LIMITED PARTNERSHIP (the 'Landlord') applied for an order to terminate the tenancy and evict B.J. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on October 25, 2023. The Landlord’s legal representative, Geoff Paine, 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 $1,658.55. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $54.53. This amount is calculated as follows: $1,658.55 x 12, divided by 365 days. 5. The Tenant has paid $14,215.00 to the Landlord since the application was filed. 6. The rent arrears owing to October 31, 2023 are $9,476.88. Order Page 1 of 4  File Number: LTB-L-051641-22 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 $1,700.01 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 76214 (CanLII) 9. Interest on the rent deposit, in the amount of $34.70 is owing to the Tenant for the period from January 1, 2023 to October 25, 2023. 10. On the day of the hearing the parties submitted a consent agreement for an extended standard order. The parties submitted they agreed to a November 16, 2023 day for the arrears to be paid. 11. At the time of issuing this order, the standard order date falls after November 16, 2023, giving the Tenant more time to pay the arrears and void the order. 12. I have considered all of the evidence presented at the hearing and all of the oral testimony and although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 13. This order contains all reasons for the determinations and order made. No further reasons will be issued. 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: • $11,321.43 if the payment is made on or before November 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $12,979.98 if the payment is made on or before December 1, 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 December 1, 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 December 1, 2023 Order Page 2 of 4  File Number: LTB-L-051641-22 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $7,632.87. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. 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. 2023 ONLTB 76214 (CanLII) 6. The Tenant shall also pay the Landlord compensation of $54.53 per day for the use of the unit starting October 26, 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 December 1, 2023, the Tenant will start to owe interest. This will be simple interest calculated from December 2, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before December 1, 2023, then starting December 2, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. 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 December 2, 2023. November 20, 2023 ____________________________ Date Issued Greg Brocanier 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 June 2, 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. 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 November 30, 2023 Rent Owing To November 30, 2023 $25,350.43 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $14,215.00 application was filed Order Page 3 of 4  File Number: LTB-L-051641-22 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 2023 ONLTB 76214 (CanLII) Total the Tenant must pay to continue the tenancy $11,321.43 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before December 1, 2023 Rent Owing To December 31, 2023 $27,008.98 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $14,215.00 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 $12,979.98 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $23,396.58 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $14,215.00 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 - $1,700.01 Less the amount of the interest on the last month's rent deposit - $34.70 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 $7,632.87 Plus daily compensation owing for each day of occupation starting $54.53 October 26, 2023 (per day) Order Page 4 of 4