LTB Order LTB-L-055961-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 33234 (CanLII) Citation: Equiton Residential Income Fund LP v M.A., 2023 ONLTB 33234 Date: 2023-05-01 File Number: LTB-L-055961-22 In the matter of: 1608, 125 WELLINGTON ST N HAMILTON ON L8R3J4 Between: Equiton Residential Income Fund LP Landlord And M.A. Tenant Equiton Residential Income Fund LP (the 'Landlord') applied for an order to terminate the tenancy and evict M.A. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 12, 2023. Only the Landlord’s legal representative, Daniel Abraham (‘DA’), attended the hearing. As of 9:48 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 $1,649.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $54.21. This amount is calculated as follows: $1,649.00 x 12, divided by 365 days. 5. The Tenant has paid $2,000.00 to the Landlord since the application was filed. 6. The rent arrears owing to April 30, 2023 are $11,571.50. 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-055961-22 8. The Landlord collected a rent deposit of $1,681.98 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 $41.93 is owing to the Tenant for the period from April 2023 ONLTB 33234 (CanLII) 14, 2022 to April 12, 2023. 10. DA stated that the Landlord has tried communicating with the Tenant over the course of the tenancy about arranging a payment plan to pay the rent arrears. This included sending a letter dated October 12, 2022; a staff member speaking with the Tenant on November 10, 2022 after which the Tenant stated he would attend the rental office to arrange a payment plan but didn’t; a staff member speaking with the Tenant on December 9, 2022 which precipitated the $2,000.00 payment; and the Landlord’s staff following up with the Tenant again on January 11, 2023, February 16, 2023, and March 10, 2023 with no response from the Tenant. DA’s office also sent the Tenant a letter in advance of the hearing advising that the Landlord was open to arranging a payment plan, but the Tenant did not respond. DA was not aware of any other circumstances that should be considered with respect to whether eviction should be delayed or denied. 11. 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 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: $13,406.50 if the payment is made on or before May 12, 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 12, 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 12, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $9,035.11. 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 $54.21 per day for the use of the unit starting April 13, 2023 until the date the Tenant moves out of the unit. Order Page: 2 of 4  File Number: LTB-L-055961-22 7. If the Tenant does not pay the Landlord the full amount owing on or before May 12, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 13, 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 2023 ONLTB 33234 (CanLII) order. 9. If the unit is not vacated on or before May 12, 2023, then starting May 13, 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 May 13, 2023. May 1, 2023 ____________________________ Date Issued Mark Melchers 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 November 13, 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-055961-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is 2023 ONLTB 33234 (CanLII) made on or before May 12, 2023 Rent Owing To May 31, 2023 $15,220.50 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the application was - $2,000.00 filed Less the amount the Tenant paid into the LTB since the application was - $0.00 filed Less the amount the Landlord owes the Tenant for an{abatement/rebate} - $0.00 Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $13,406.50 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $12,573.02 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the application was - $2,000.00 filed Less the amount the Tenant paid into the LTB since the application was - $0.00 filed Less the amount of the last month's rent deposit - $1,681.98 Less the amount of the interest on the last month's rent deposit - $41.93 Less the amount the Landlord owes the Tenant for an {abatement/rebate} - $0.00 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $9,035.11 Plus daily compensation owing for each day of occupation starting April $54.21 (per 13, 2023 day) Order Page: 4 of 4