LTB Order LTB-L-053483-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: IMH Pool v K., 2023 ONLTB 32968 2023 ONLTB 32968 (CanLII) Date: 2023-04-25 File Number: LTB-L-053483-22 In the matter of: 1403, 1980 FOWLER DRIVE MISSISSAUGA ON L5K1B6 Between: IMH Pool XX LP Landlord And K.S.K. Tenant IMH Pool XX LP (the 'Landlord') applied for an order to terminate the tenancy and evict K. S. K. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 30, 2023. The Landlord’s legal representative Sean Beard and the Tenant attended the hearing. The Tenant declined speaking with duty counsel. At the outset of the hearing, the parties advised that they had reached a consent. The parties agreed to a standard order with the amount owing to March 31, 2023 is $5,624.26, inclusive of arrears ($5,438.26) and costs ($186.00). The parties agreed to an extension of time for the Tenant to void the order to April 30, 2023. However, based on the date of issuance of this order, the Tenant may void by April 30, 2023. The Tenant may also void the order by May 6, 2023. This is to allow time for the receipt of the order by the Tenant following the issuance of the order on April 25, 2023. 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 $1,901.36. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $62.51. This amount is calculated as follows: $1,901.36 x 12, divided by 365 days. 5. The Tenant has paid $8,522.02 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $5,438.26. Order Page: 1 of 4  File Number: LTB-L-053483-22 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 $1,833.00 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 32968 (CanLII) the tenancy if the tenancy is terminated. 9. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would not be unfair to postpone the eviction until May 6, 2023 pursuant to subsection 83(1)(b) 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:  $7,525.62 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $9,426.98 if the payment is made on or before May 6, 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 6, 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 May 6, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $3,722.95. 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 $62.51 per day for the use of the unit starting March 31, 2023 until the date the Tenant moves out of the unit. 7. If the unit is not vacated on or before May 6, 2023, then starting May 7, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 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 7, 2023. Order Page: 2 of 4  File Number: LTB-L-053483-22 April 25, 2023 Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor 2023 ONLTB 32968 (CanLII) 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 November 7, 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-053483-22 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 30, 2023 2023 ONLTB 32968 (CanLII) Rent Owing To April 30, 2023 $15,861.64 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $8,522.02 application was filed Total the Tenant must pay to continue the tenancy $7,525.62 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 6, 2023 Rent Owing To May 31, 2023 $17,763.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $8,522.02 application was filed Total the Tenant must pay to continue the tenancy $9,426.98 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date of March 30, 2023 $13,897.77 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $8,522.02 application was filed Less the amount of the last month's rent deposit - $1,833.00 Less the amount of the interest on the last month's rent deposit - $5.80 Total amount owing to the Landlord $3,722.95 Plus daily compensation owing for each day of occupation starting $62.51 March 31, 2023 (per day) Order Page: 4 of 4