LTB Order LTB-L-052544-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: 2165729 Ontario Inc v L., 2023 ONLTB 31055 2023 ONLTB 31055 (CanLII) Date: 2023-04-11 File Number: LTB-L-052544-22 In the matter of: 140, 357 MCARTHUR AVE VANIER ON K1L6N5 Between: 2165729 Ontario Inc Landlord And L.A.L. Tenant 2165729 Ontario Inc (the 'Landlord') applied for an order to terminate the tenancy and evict L. A. L. (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 29, 2023. Only the Landlord’s representative, Greg Foss attended the hearing. As of 10:10 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 $1,200.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $39.45. This amount is calculated as follows: $1,200.00 x 12, divided by 365 days. 5. The Tenant has paid $1,200.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $8,050.00. 7. The Landlord’s representative requested to waive the $80.00 in administration charges requested in the application as he was unable to provide details of the costs incurred by the Landlord for returned NSF. Order Page: 1 of 4  File Number: LTB-L-052544-22 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 $1,200.00 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 2023 ONLTB 31055 (CanLII) the tenancy if the tenancy is terminated. 10. Interest on the rent deposit, in the amount of $24.82 is owing to the Tenant for the period from June 1, 2022 to March 29, 2023. 11. The Tenant did not appear at the hearing to give evidence regarding their circumstances or to dispute the Landlord’s application for an eviction order. 12. I canvassed the Landlord’s representative for any circumstances for consideration to determine if eviction should be delayed or denied. The Landlord’s representative was unaware of any circumstances for me to consider. 13. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the Landlord’s attempts 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:  $9,436.00 if the payment is made on or before April 22, 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 22, 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 22, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $6,955.23. 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 $39.45 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 April 22, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 23, 2023 at 6.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-052544-22 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 April 22, 2023, then starting April 23, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction 2023 ONLTB 31055 (CanLII) 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 April 23, 2023. April 11, 2023 Date Issued Natalie James 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 23, 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 3 of 4  File Number: LTB-L-052544-22 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 22, 2023 2023 ONLTB 31055 (CanLII) Rent Owing To April 30, 2023 $10,450.00 Application Filing Fee $186.00 NSF Charges Less the amount the Tenant paid to the Landlord since the - $1,200.00 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 $9,436.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $9,194.05 Application Filing Fee $186.00 NSF Charges Less the amount the Tenant paid to the Landlord since the - $1,200.00 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 - $1,200.00 Less the amount of the interest on the last month's rent deposit - $24.82 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 $6,955.23 Plus daily compensation owing for each day of occupation starting $39.45 March 30, 2023 (per day) Order Page: 4 of 4