LTB Order LTB-L-065671-22

Order under Section 69 2023 ONLTB 40385 (CanLII) Residential Tenancies Act, 2006 Citation: Carling Realty Company Ltd. v J. P. M., 2023 ONLTB 40385 Date: 2023-05-29 File Number: LTB-L-065671-22 In the matter of: A, 160 CRAIG HENRY DR OTTAWA ON K2G4M6 Between: Carling Realty Company Ltd. Landlord A. B.V.A.J.P.M. Tenant Carling Realty Company Ltd. (the 'Landlord') applied for an order to terminate the tenancy A. evict B.V.A.J.P.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 10, 2023. Only the Landlord’s agent Susan Szalai attended the hearing. As of 10:15 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 $1,247.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $41.00. This amount is calculated as follows: $1,247.00 x 12, divided by 365 days. 5. The Tenant has paid $7,400.00 to the Landlord since the application was filed. Order Page: 1 of 3  6. The rent arrears owing to May 31, 2023 are $1,782.00. 7. The Landlord collected a rent deposit of $1,041.19 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. File Number: LTB-L-065671-22 2023 ONLTB 40385 (CanLII) 8. 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. 9. The Landlord’s agent submitted that the parties had agreed on a consent, however noting that the Tenant was not present at the hearing A. had paid $7,400.00 since the filing of the L1 application was open to a payment plan to allow for the repayment of the remaining arrears of rent. It is ordered that: 1. The Tenant shall pay to the Landlord $1,968.00 for arrears of rent up to May 31, 2023 A. costs. 2. The Tenant shall pay to the Landlord the amount set out in paragraph 1 in accordance with the following schedule: • $164.00 on or before June 15, 2023 • $164.00 on or before July 1, 2023 • $164.00 on or before August 1, 2023 • $164.00 on or before September 1, 2023 • $164.00 on or before October 1, 2023 • $164.00 on or before November 1, 2023 • $164.00 on or before December 1, 2023 • $164.00 on or before January 1, 2024 • $164.00 on or before February 1, 2024 • $164.00 on or before March 1, 2024 • $164.00 on or before April 1, 2024 • $164.00 on or before May 1, 2024 3. The Tenant shall also pay to the Landlord new rent on time A. in full as it comes due A. owing for the period June 1, 2023 to May 1, 2024, 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 Order Page: 2 of 3  Landlord pursuant to paragraph 1 of this order shall become immediately due A. owing A. the Landlord 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 May 31, 2023. 2023 ONLTB 40385 (CanLII) May 29, 2023 ____________________________ Date Issued Alicia Johnson Member, Landlord A. Tenant Board File Number: LTB-L-065671-22 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: 3 of 3