LTB Order LTB-L-075615-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 50682 (CanLII) Citation: Capreit Limited Partnership v M., 2023 ONLTB 50682 Date: 2023-07-19 File Number: LTB-L-075615-22 In the matter of: 2211, 411 DUPLEX AVE TORONTO ON M4R1V2 Between: Capreit Limited Partnership Landlord And M.F.A.M. Tenant Capreit Limited Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict M.F.A.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on June 19, 2023. The Landlord and the Tenant attended the hearing. Only the Landlord’s legal representative, G. Paine, attended the hearing. As of 9:47 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. Order Page 1 of 4  File Number: LTB-L-075615-22 3. The lawful rent is $1,722.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $56.61. This amount is calculated as follows: $1,722.00 x 12, divided by 365 days. 5. The Tenant has paid $10,920.00 to the Landlord since the application was filed. 2023 ONLTB 50682 (CanLII) 6. The rent arrears owing to June 30, 2023 are $840.00. 7. The Landlord is entitled to $60.00 to reimburse the Landlord for administration charges and $15.00 for bank fees the Landlord incurred as a result of 3 cheques given by or on behalf of the Tenant which were returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. 10. The Landlord requests a standard termination order. 11. The Landlord’s legal representative said that the Landlord sent the Tenant multiple reminders since January 2023 about the arrears, as well as information how to contact the Landlord to arrange a payment plan. He said that he, himself, sent the Tenant a communication on June 12, 2023, about how to link to the hearing, with the updated arrears amount, as well as information about how to contact him to arrange a payment plan. He said that the Tenant did not reply. 12. 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 COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement 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, although the arrears are not substantial, there are still arrears, and the Tenants have made no attempt to discuss repayment. The Tenants did not attend the hearing to explain any reasons to deny or delay eviction. 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: • $2,823.00 if the payment is made on or before July 30, 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 July 30, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. Order Page 2 of 4  File Number: LTB-L-075615-22 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 July 30, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $454.59. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. See Schedule 1 for the calculation of the amount 2023 ONLTB 50682 (CanLII) owing. 6. The Tenant shall also pay the Landlord compensation of $56.61 per day for the use of the unit starting June 20, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before July 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 31, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before July 30, 2023, then starting July 31, 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 possession of the unit to the Landlord on or after July 31, 2023. July 19, 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 January 31, 2024 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. 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 July 30, 2023 Rent Owing To July 31, 2023 $13,482.00 Application Filing Fee $186.00 Order Page 3 of 4  File Number: LTB-L-075615-22 NSF Charges $75.00 Less the amount the Tenant paid to the Landlord since the - $10,920.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed 2023 ONLTB 50682 (CanLII) 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 $2,823.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,113.59 Application Filing Fee $186.00 NSF Charges $75.00 Less the amount the Tenant paid to the Landlord since the - $10,920.00 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 - $0.00 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 $454.59 Plus daily compensation owing for each day of occupation starting $56.61 June 20, 2023 (per day) Order Page 4 of 4