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SPereira Legal Services

Paralegal, Commissioner of Oaths, Notary Public

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    Rent Arrears April 1, 2019 to March 31, 2021

    Order under Section 69

    Residential Tenancies Act, 2006

    File Number: TEL-05342-19

    In the matter of:

     

     

    Between:

    Angela Sterling

    Landlord

     

    and

     

     

    Valerie Tsigi Guillaume a.k.a. Valerie Guillaume

    a.k.a. Valerie Henry

    Tenant

    Angela Sterling (the 'Landlord') applied for an order to terminate the tenancy and evict Valerie Tsigi Guillaume a.k.a. Valerie Guillaume a.k.a. Valerie Henry (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes.

    This application was heard in Board video conference room 65 on December 9, 2020 at 1:15pm.

    Only the Landlord and the Landlord’s representative, ShelleyAnn Pereira, attended the hearing. As of 1:35pm the Tenant had still not entered in the video conference room, nor were there any requests to enter into the video conference room from the virtual lobby.

    Determinations:

    1. The Tenant has not paid the total rent the Tenant was required to pay for the period from April 1, 2019 to December 31, 2020. Because of the arrears, the Landlord served a Notice of Termination effective September 22, 2019.

    2. The Tenant has paid $1,100.00 to the Board in trust since the application was filed. **.

    3. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the Landlord’s attempts to negotiate a repayment plan with the Tenant, 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.  Unless the Tenant voids the order as set out below, the tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before March 7, 2021.The amount of $1,100.00 plus accrued interest shall be paid out to the Landlord.

    2.  The Tenant shall pay to the Landlord $11,467.49*, which represents the amount of rent owing and compensation up to February 24, 2021.

    3.  The Tenant shall also pay to the Landlord $18.08 per day for compensation for the use of the unit starting February 25, 2021 to the date the Tenant move out of the unit.

    4.  The Tenant shall also pay to the Landlord $175.00 for the cost of filing the application.

    5.  If the Tenant does not pay the Landlord the full amount owing* on or before March 7, 2021, the Tenant will start to owe interest. This will be simple interest calculated from March 8, 2021 at 2.00% annually on the balance outstanding.

    6.  If the unit is not vacated on or before March 7, 2021, then starting March 8, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.

    7.  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 March 8, 2021.

    8.  If the Tenant wishes to void this order and continue the tenancy, the Tenant must pay to the Landlord or to the Board in trust:

    i)   $11,725.00 if the payment is made on or before February 28, 2021, or

    ii)   $12,275.00 if the payment is made on or before March 7, 2021**.

    If the Tenant do not make full payment in accordance with this paragraph and by the appropriate deadline, then the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.

    9. The Tenant may make a motion to the Board under subsection 74(11) of the Act to set aside this order if they pay the amount required under that subsection on or after March 8, 2021 but before the Sheriff gives vacant possession to the Landlord. The Tenant are only entitled to make this motion once during the period of the tenancy agreement with the Landlord.

    10. The Board shall pay to the Landlord the amount of $1,100.00 together with any accrued interest. **

    February 24, 2021

    Date Issued

                                                                                                                                         

     

    Shelby Whittick

    Member, Landlord and Tenant Board

    Toronto East-RO

    2275 Midland Avenue, Unit 2

    Toronto ON M1P3E7

     

    File Number: TEL-05342-19

    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 September 8, 2021 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.

    *           Refer to section A on the attached Summary of Calculations.

    **         Refer to section B on the attached Summary of Calculations.

    Schedule 1

    SUMMARY OF CALCULATIONS

    File Number: TEL-05342-19

    1. Amount the Tenant must pay if the tenancy is terminated:

    Reasons for amount owing

    Period

    Amount

    Arrears: (up to the termination date in the Notice of Termination)

    April 1, 2019 to September

    22, 2019

    $3,147.81

    Less the amount the Tenant paid to the Board in trust

     

    -$1,100.00

    Plus compensation: (from the day

    after the termination date in the Notice to the date of the order)

    September 23, 2019 to

    February 24, 2021

    $9,419.68

    Amount owing to the Landlord on the order date:(total of previous boxes)

    $11,467.49

    Additional costs the Tenant must pay to the Landlord:

    $175.00

    Plus daily compensation owing for each day of occupation starting February 25, 2021:

    $18.08 (per day)

    Total the Tenant must pay the Landlord if the tenancy is terminated:

    $11,642.49, +

    $18.08 per day starting February 25, 2021

    1. Amount the Tenant must pay to void the eviction order and continue the tenancy:

    1. If the payment is made on or before February 28, 2021:

    Reasons for amount owing

    Period

    Amount

    Arrears:

    April 1, 2019 to February 28,

    2021

    $12,650.00

    Less the amount the Tenant paid to the Board:

     

    -$1,100.00

    Additional costs the Tenant must pay to the Landlord:

     

    $175.00

    Total the Tenant must pay to continue the tenancy:

    On or before February 28, 2021

    $11,725.00

    File Number: TEL-05342-19

    2. If the payment is made after February 28, 2021 but on or before March 7, 2021:

    Reasons for amount owing

    Period

    Amount

    Arrears:

    April 1, 2019 to March 31,

    2021

    $13,200.00

    Less the amount the Tenant paid to the Board:

     

    -$1,100.00

    Additional costs the Tenant must pay to the Landlord:

     

    $175.00

    Total the Tenant must pay to continue the tenancy:

    On or before March 7, 2021

    $12,275.00

     

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