LTB Order LTB-L-056845-22

Order under Section 69 utilizing Section 78 Residential Tenancies Act, 2006 Citation: M.F. Arnsby Property Managment Ltd. v Kyra To, 2023 ONLTB 34373 2023 ONLTB 34373 (CanLII) Date: 2023-05-03 File Number: LTB-L-056845-22 In the matter of: 318, 440 CLARKE RD LONDON ON N5W6H1 Between: M.F. Arnsby Property Managment Ltd. A. L. Z. D. C. A. Tenant Kyra To M.F. Arnsby Property Managment Ltd. A. Z. D. C. (the 'L.') applied for an order to terminate the tenancy A. evict Kyra To (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 24, 2023. Only the Landlord’s legal representative, Thomas Schoenleber, attended the hearing. As of 9:38am, 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 L. 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 as of January 1, 2023 is $1,322.00. It is due on the 1st day of each month. 4. The Tenant has paid $11,030.87 to the Landlord since the application was filed. 5. The rent arrears owing to April 30, 2023 are $964.99. 6. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. Order Page: 1 of 2  File Number: LTB-L-056845-22 7. The L. collected a rent deposit of $1,290.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 8. Interest on the rent deposit, in the amount of $10.07 is owing to the Tenant for the period from January 1, 2023 to April 24, 2023. 2023 ONLTB 34373 (CanLII) 9. At the hearing, the L. requested that the Board order a payment plan that they had worked out with the Tenant in advance of the hearing. The Tenant has been making the payments to the L. as agreed A. the Landlord requested to continue with this arrangement. 10. I see no reason to deny the L.’ request since it provides relief from eviction for the Tenant. 11. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would not be unfair to grant relief from eviction subject to the conditions set out in this order pursuant to subsection 83(1)(a) A. 204(1) of the Act. It is ordered that: 1. The Tenant shall pay to the L. $1,150.99 for arrears of rent up to April 30, 2023 A. costs. 2. The Tenant shall pay to the L. the amount set out in paragraph 1 in accordance with the following schedule: a) $393.67 on or by May 1, 2023, A. June 1, 2023, A. a final payment of $363.65 on or by July 1, 2023; A. 3. The Tenant shall also pay to the L. new rent on time A. in full on or by the first day of each corresponding month for the period of May 1, 2023, to July 1, 2023, or until the arrears are paid in full, whichever date is earliest. 4. If the Tenant fails to make any one of the payments in accordance with this order, the outstanding balance of any arrears of rent A. costs to be paid by the Tenant to the L. pursuant to paragraph 1 of this order shall become immediately due A. owing A. the L. may, without notice to the Tenant, apply to the LTB within 30 days of the Tenant's breach pursuant to section 78 of the Act for an order terminating the tenancy A. evicting the Tenant A. requiring that the Tenant pay any new arrears, NSF fees A. related charges that became owing after April 30, 2023. May 3, 2023 Date Issued Terri van Huisstede Member, Landlord A. 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. Order Page: 2 of 2