LTB Order LTB-L-063356-22

2023 ONLTB 32317 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: AMSTAR POOL I LP v P. G., 2023 ONLTB 32317 Date: 2023-04-26 File Number: LTB-L-063356-22 In the matter of: 510, 2737 KIPLING AVE ETOBICOKE ON M9V4C3 Between: AMSTAR POOL I LP Landlord A. P.G.A.T.C. Tenant Lingeswaran AMSTAR POOL I LP (the 'Landlord') applied for an order to terminate the tenancy A. evict P.G.A.T.C. Lingeswaran (jointly referred to as the 'Tenant' in this Order) because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 11, 2023. The Landlord’s Legal Representative, Mooez Nabi, attended the hearing. As of 2:39 p.m., the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. 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 $1,497.67. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $49.24. This amount is calculated as follows: $1,497.67 x 12, divided by 365 days. Order Page: 1 of 5  File Number: LTB-L-063356-22 5. The Tenant has paid $9,300.00 to the Landlord since the application was filed. 6. The rent arrears owing to April 30, 2023 are $1,745.69. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 2023 ONLTB 32317 (CanLII) 8. The Landlord collected a rent deposit of $1,369.08 from the Tenant A. 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 $3.94 is owing to the Tenant for the period from March 1, 2023 to April 11, 2023. 10. The Landlord sought a standard order A. submitted the Tenant has had a continuous balance outstanding since June. The Landlord’s Representative submitted the Landlord’s standard practice of including a communication soliciting a response as to how the Tenant intends to address the arrears with the N4 Notice was followed A. there was no response. There was no evidence of any further attempts to negotiate with the Tenant. 11. The Tenant has made payments towards rent A. arrears A. has decreased the amount outstanding since the application was filed by approximately 1/3. Currently the Tenant owes a few hundred dollars more than one month’s rent outstanding. As the Tenant was not present, there was no evidence on what, if any, payment plan the Tenant might be able to meet. The Landlord was open to providing the Tenant with additional time to pay off the arrears A. preserve their tenancy. 12. 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 postpone the eviction until May 31, 2023, pursuant to subsection 83(1)(b) of the Act. It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $1,931.69 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $3,429.36 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 Order Page: 2 of 5  File Number: LTB-L-063356-22 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 2023 ONLTB 32317 (CanLII) 5. As of the date of the hearing, the amount of the rent deposit A. interest the Landlord owes on the rent deposit exceeds the arrears of rent, compensation A. the cost of filing the application the Landlord is entitled to by $397.36. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $49.24 per day for compensation for the use of the unit starting April 12, 2023 until the date the Tenant moves out of the unit. 6. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 7. 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. 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 June 1, 2023. April 26, 2023 ____________________________ Date Issued Rebecca Case Vice Chair, 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. 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 5  File Number: LTB-L-063356-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if 2023 ONLTB 32317 (CanLII) the payment is made on or before April 30, 2023 Rent Owing To April 30, 2023 $11,045.69 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,300.00 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 $1,931.69 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $12,543.36 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,300.00 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 $3,429.36 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $10,089.66 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,300.00 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 - $1,369.08 Order Page: 4 of 5  File Number: LTB-L-063356-22 Less the amount of the interest on the last month's rent deposit - $3.94 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 $(397.36) 2023 ONLTB 32317 (CanLII) Plus daily compensation owing for each day of occupation starting $49.24 April 12, 2023 (per day) Order Page: 5 of 5