LTB Order LTB-L-071043-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: ASROMA CAPITAL FUNDS CORP v J. W., 2023 ONLTB 38729 2023 ONLTB 38729 (CanLII) Date: 2023-05-23 File Number: LTB-L-071043-22 In the matter of: 3, 66 CENTURY ST HAMILTON ON L8L1W1 Between: ASROMA CAPITAL FUNDS CORP Landlord A. J.W.A.S.V. Tenant ASROMA CAPITAL FUNDS CORP (the 'Landlord') applied for an order to terminate the tenancy A. evict J.W.A.S.V. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 10, 2023 at 1:00 pm. The Landlord Agent Patricia Lenore Power A. the Tenants attended the hearing. Determinations: 1. 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. 2. As of the hearing date, the Tenants were still in possession of the rental unit. 3. The lawful rent is $600.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $19.73. This amount is calculated as follows: $600.00 x 12, divided by 365 days. 5. The Tenants have paid $3,000.00 to the Landlord since the application was filed. 6. The rent arrears owing to May 31, 2023 are $3,200.00. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $600.00 from the Tenants 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. At the time of the hearing the Tenants didn’t dispute the amount owing A. testified that their rent subsidy went directly to the Landlord A. that hadn’t been able to pay the Order Page: 1 of 4  File Number: LTB-L-071043-22 requisite difference due to the Landlord not providing the banking information A. that the previous property manager had pocketed their payments. They further submitted that they were intent on maintaining the tenancy a proposed a payment plan. 10. In response the Landlord Agent identified herself as the current property manager, having 2023 ONLTB 38729 (CanLII) replaced the previous that was let go. She further testified that she would be able to process the Tenants payments A. or provide the banking information. 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 Landlord $3,386.00 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: a. On or before June 01, 2023 -$200.00; b. On or before July 01, 2023 -$200.00; c. On or before August 01, 2023 -$200.00; d. On or before September 01, 2023 -$200.00; e. On or before October 01, 2023 -$200.00; f. On or before November 01, 2023 -$200.00; g. On or before December 01, 2023 -$200.00 h. On or before January 01, 2024 -$200.00; i. On or before February 01, 2024 -$200.00; j. On or before March 01, 2024 -$200.00; k. On or before April 01, 2024 -$200.00; l. On or before May 01, 2024 -$200.00; m. On or before June 01, 2024 -$200.00; n. On or before July 01, 2024 -$200.00; Order Page: 2 of 4  File Number: LTB-L-071043-22 o, On or before August 01, 2024 -$200.00; p. On or before September 01, 2024 -$200.00; A. q. On or before October 01, 2024 -$186.00. 2023 ONLTB 38729 (CanLII) 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 01, 2023 to October o1, 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 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. May 23, 2023 Date Issued Kelly Delaney 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: 3 of 4 File Number: LTB-L-071043-22 2023 ONLTB 38729 (CanLII) Order Page: 4 of 4