LTB Order LTB-L-066397-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: bcIMC Realty Corporation c/o QuadReal Residential Properties G.P. Inc. v 2023 ONLTB 38800 (CanLII) Nmamdibuchi Jerry-egemba, 2023 ONLTB 38800 Date: 2023-06-01 File Number: LTB-L-066397-22 In the matter of: 1403, 33 ROSEHILL AVE TORONTO ON M4T1G4 Between: bcIMC Realty Corporation c/o QuadReal Landlord Residential Properties G.P. Inc. And H.A. Tenants Nmamdibuchi Jerry-egemba bcIMC Realty Corporation c/o QuadReal Residential Properties G.P. Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict H.A. and Nmamdibuchi Jerry-egemba (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on May 11, 2023. The Landlord’s Agent Lorna Davis and the Tenant H.A. attended the hearing. The Landlord’s Legal Representative M. Zarnett was also present. Determinations: 1. At the hearing the parties requested conditional consent order requiring the Tenants to pay the Landlord $4215.98 in guaranteed funds by May 15, 2023. The parties agreed that If the payment was made the Board would issue a conditional payment plan order, and if not paid the Board would issue a standard order for eviction. The Landlord’s Legal Representative was to advise the Board whether the payment was made with a post- hearing submission. 2. On May 17, 2023 the Landlord’s Legal Representative informed the Board that the Tenants failed to make the required payment. Hence, I will be issuing a voidable order for payment and eviction. 3. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Non- payment of Rent (N4 Notice). The Tenants 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. 4. As of the hearing date, the Tenants were still in possession of the rental unit. 5. The lawful rent is $2,107.99. It is due on the 1st day of each month. Order Page: 1 of 5  File Number: LTB-L-066397-22 6. Based on the Monthly rent, the daily rent/compensation is $69.30. This amount is calculated as follows: $2,107.99 x 12, divided by 365 days. 7. The Tenants have not made any payments since the application was filed. 8. The rent arrears owing to May 31, 2023 are $20,638.04. 2023 ONLTB 38800 (CanLII) 9. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 10. There is no last month's rent deposit. 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 Tenants 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 Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust:  $20,824.04 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $22,932.03 if the payment is made on or before June 12, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants has paid the full amount owing as ordered plus any additional rent that became due after June 12, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before June 12, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $19,478.35. 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 Tenants shall also pay the Landlord compensation of $69.30 per day for the use of the unit starting May 12, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before June 12, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 13, 2023 at 6.00% annually on the balance outstanding. Order Page: 2 of 5  File Number: LTB-L-066397-22 8. If the unit is not vacated on or before June 12, 2023, then starting June 13, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant 2023 ONLTB 38800 (CanLII) possession of the unit to the Landlord on or after June 13, 2023. June 1, 2023 Date Issued Sheena Brar Member, Landlord and Tenants 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 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 5  File Number: LTB-L-066397-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before May 31, 2023 2023 ONLTB 38800 (CanLII) Rent Owing To May 31, 2023 $20,638.04 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $20,824.04 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before June 12, 2023 Rent Owing To June 30, 2023 $22,746.03 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $22,932.03 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $19,292.35 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-066397-22 Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the Landlord $19,478.35 Plus daily compensation owing for each day of occupation starting $69.30 May 12, 2023 (per day) 2023 ONLTB 38800 (CanLII) Order Page: 5 of 5