LTB Order LTB-L-052041-22

2023 ONLTB 30165 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: HANARD INVESTMENTS LIMITED v Y., 2023 ONLTB 30165 Date: 2023-04-12 File Number: LTB-L-052041-22 In the matter of: 2001, 25 CANYON AVE TORONTO ON M3H4Y1 Between: HANARD INVESTMENTS LIMITED Landlord And C.Y. Tenant HANARD INVESTMENTS LIMITED (the 'Landlord') applied for an order to terminate the tenancy and evict C.Y. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 29, 2023. The Landlord's Legal Representative, Maria Bloch, 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 $1,527.50. It is due on the 1st day of each month. Order Page: 1 of 5  File Number: LTB-L-052041-22 4. Based on the Monthly rent, the daily rent/compensation is $50.22. This amount is calculated as follows: $1,527.50 x 12, divided by 365 days. 5. The Tenant has paid $8,398.68 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023, are $1,554.40. 2023 ONLTB 30165 (CanLII) 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 $1,352.05 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. 9. Interest on the rent deposit, in the amount of $8.15 is owing to the Tenant for the period from January 1, 2023 to March 29, 2023. 10. At the hearing, the Tenant claimed that all of rent charges from the Landlord have been wrong since before 2018, that she doesn’t feel that she should have to pay the rent that is currently being charged by the Landlord, and that she should keep paying the lower amount that she has been paying. However, the Tenant could not provide any direct evidence that would indicate her claims were in fact true. The N1 forms that were provided into evidence actually had higher rent amounts listed than were actually charged to the Tenant. 11. The Landlord's Legal Representative explained that there were 3 above guideline rent increases that were approved by the Board regarding this rental property and that all rents charged to the Tenant were correct. 12. Therefore, having considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), I find that it would not be unfair to postpone the eviction until May 31, 2023, pursuant to subsection 83(1)(b) of the Act, in order to allow the Tenant the time to work out her rent claims with the Landlord. 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: • $3,267.90 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR Order Page: 2 of 5  File Number: LTB-L-052041-22 • $4,795.40 if the payment is made on or before May 31, 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 May 31, 2023, but before the Court Enforcement Office (Sheriff) 2023 ONLTB 30165 (CanLII) 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 31, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $279.76. 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. 6. The Tenant shall also pay the Landlord compensation of $50.22 per day for the use of the unit starting March 30, 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 31, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 1, 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 May 31, 2023, then starting June 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 June 1, 2023. April 12, 2023 ____________________________ Date Issued Michael Di Salle 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 December 1, 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 5  File Number: LTB-L-052041-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 30165 (CanLII) A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before April 30, 2023 Rent Owing To April 30, 2023 $11,480.58 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $8,398.68 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 $3,267.90 B. 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 Rent Owing To May 31, 2023 $13,008.08 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $8,398.68 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 $4,795.40 Order Page: 4 of 5  File Number: LTB-L-052041-22 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $9,852.64 Application Filing Fee $186.00 NSF Charges $0.00 2023 ONLTB 30165 (CanLII) Less the amount the Tenant paid to the Landlord since the - $8,398.68 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 - $1,352.05 Less the amount of the interest on the last month's rent deposit - $8.15 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 $279.76 Plus daily compensation owing for each day of occupation starting $50.22 March 30, 2023 (per day) Order Page: 5 of 5