LTB Order LTB-L-055823-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 35988 (CanLII) Citation: Asimco Textiles Inc. v G.J., 2023 ONLTB 35988 Date: 2023-05-09 File Number: LTB-L-055823-22 In the matter of: 204, 1180 CASSELLS ST NORTH BAY ON P1B4B6 Between: Asimco Textiles Inc. Landlord And G.J. Tenant Asimco Textiles Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict G. J. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 24, 2023. Asim Bhatti, for the Landlord, 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 $860.20. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $28.28. This amount is calculated as follows: $860.20 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to April 30, 2023 are $8,602.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 4  File Number: LTB-L-055823-22 8. There is no last month's rent deposit. 9. The Tenant disputed receiving the N4 notices, he testified that he only received one that was signed by the cleaning lady and taped to the door of his unit. He also disputed that there was no last month rent deposit; when he quit working for the Landlord, it was taken off his pays. The Tenant did not present any evidence supporting his claimed. 2023 ONLTB 35988 (CanLII) 10. The Landlord testified that the Tenant was served the N4 notice in accordance with the legislation and as per the certificate of service. The Landlord does not know what other N4 the Tenant is referring to, the notice filed with the Board is the one served to him. The Landlord has no knowledge of there ever being a last month rent deposit or one being deducted from the Tenant, there is nothing in his records reflecting this. 11. As the Tenant was unable to support his claims, the matter proceeded on its merits. The Tenant was advised that if he was able to show the Landlord proof of a last month rent deposit, then the Landlord would have to take it into account 12. The Tenant does not dispute the arrears owing; he testified that he would vacate for May 31, 2023. 13. Initially the Landlord was seeking the standard 11-day voidable order but then agreed May 31, 2023 was not unreasonable given that the order would not be written until sometime in May 2023. 14. 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 May 31, 2023 pursuant to subsection 83(1)(b) of the Act. I do not find this short extension unreasonable. 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: • $9,648.20 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) 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 Order Page: 2 of 4  File Number: LTB-L-055823-22 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $8,606.52. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $28.28 per day for the use of the unit starting April 25, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 35988 (CanLII) 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 June1, 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. May 9, 2023 ____________________________ Date Issued Diane Wade 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 4  File Number: LTB-L-055823-22 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 May 31, 2023 2023 ONLTB 35988 (CanLII) Rent Owing To May 31, 2023 $9,462.20 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 $9,648.20 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $8,420.52 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 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 $8,606.52 Plus daily compensation owing for each day of occupation starting $28.28 April 25, 2023 (per day) Order Page: 4 of 4