LTB Order LTB-L-057067-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 37473 (CanLII) Citation: 2491364 ONTARIO INC v N.J., 2023 ONLTB 37473 Date: 2023-05-18 File Number: LTB-L-057067-22 In the matter of: 806, 1440 LAWRENCE AVE W TORONTO ON M6L1B4 Between: 2491364 ONTARIO INC Landlord And N.J. Tenant 2491364 ONTARIO INC (the 'Landlord') applied for an order to terminate the tenancy and evict N.J. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 13, 2023. Only the Landlord’s legal representative, M. Bloch, attended the hearing. As of 2:30 p.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 $1,483.05. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $48.76. This amount is calculated as follows: $1,483.05 x 12, divided by 365 days. 5. The Tenant has paid $9,695.75 to the Landlord since the application was filed. Order Page: 1 of 4  File Number: LTB-L-057067-22 6. The rent arrears owing to April 30, 2023 are $2,103.47. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 2023 ONLTB 37473 (CanLII) 9. The Landlord’s legal representative said that there is always a shortfall in the amount of rent the Tenant pays. She also said that she believes that the city is subsidizing over half the rent, but there still continues to be a shortfall in the rent payments. The Landlord is seeking a standard termination order. The Landlord’s legal representative said that they would be willing to extend the termination date of the order to May 31, 2023. 10. I have considered all of the disclosed circumstances above in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID0-19 on the parties and whether the Landlord attempted to negotiate a repayment arrangement with the Tenant, and I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. In particular, the Tenant’s rent is highly subsidized, and they are still not paying the rent in full and on time, and the arrears have only decreased about one third since the application was filed in October 2022. Consequently, it is prejudicial to the Landlord for the tenancy to continue. The termination date will be extended to May 31, 2023. 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: • $3,772.52 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. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $1,440.30. 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 $48.76 per day for the use of the unit starting April 14, 2023 until the date the Tenant moves out of the unit. Order Page: 2 of 4  File Number: LTB-L-057067-22 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 June 1, 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. 2023 ONLTB 37473 (CanLII) 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 18, 2023 ____________________________ Date Issued Nancy Morris 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-057067-22 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 37473 (CanLII) Rent Owing To May 31, 2023 $13,282.27 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,695.75 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 $3,772.52 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $10,950.05 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,695.75 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 $1,440.30 Plus daily compensation owing for each day of occupation starting $48.76 April 14, 2023 (per day) Order Page: 4 of 4