LTB Order LTB-L-001357-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: R.R. v Stacey Couture, 2023 ONLTB 44255 2023 ONLTB 44255 (CanLII) Date: 2023-06-14 File Number: LTB-L-001357-23 In the matter of: 714, 345 BARBER ST OTTAWA ON K1N5R5 Between: R.R. Landlord And A.D. Tenants Stacey Couture R.R. (the 'Landlord') applied for an order to terminate the tenancy and evict A.D. and Stacey Couture (the 'Tenants') because the Tenants did not pay the R. that the Tenants owe. This application was heard by videoconference on June 7, 2023. Only the Landlord's Legal Representative, Grace George, attended the hearing. As of 2:42 p.m., the Tenants were 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 Tenants with a valid Notice to End Tenancy Early for Non- payment of R. (N4 Notice). The Tenants did not void the notice by paying the amount of R. 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 R. is $918.90. It is due on the 1st day of each month. 4. Based on the Monthly R., the daily R./compensation is $30.21. This amount is calculated as follows: $918.90 x 12, divided by 365 days. 5. The Tenants paid $3,586.00 to the Landlord since the application was filed. 6. The R. arrears owing to June 30, 2023 are $5,310.50. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 4  File Number: LTB-L-001357-23 8. The Landlord collected a R. deposit of $946.00 from the Tenants and this deposit is still being held by the Landlord. The R. deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 9. Interest on the R. deposit, in the amount of $25.66 is owing to the Tenants for the period 2023 ONLTB 44255 (CanLII) from May 8, 2022 to June 7, 2023. 10. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (RTA), 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 void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: $4,625.50 if the payment is made on or before June 25, 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 paid the full amount owing as ordered plus any additional R. that became due after June 25, 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 25, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $3,817.41. This amount includes R. arrears owing up to the date of the hearing and the cost of filing the application. The R. deposit and interest the Landlord owes on the R. deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $30.21 per day for the use of the unit starting June 8, 2023 until the date the Tenants moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before June 25, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 26, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before June 25, 2023, then starting June 26, 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 June 26, 2023. June 14, 2023 Date Issued Khalid Akram Member, Landlord and Tenants Board Order Page: 2 of 4  File Number: LTB-L-001357-23 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. 2023 ONLTB 44255 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on December 26, 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 3 of 4  File Number: LTB-L-001357-23 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 June 25, 2023 2023 ONLTB 44255 (CanLII) R. Owing To June 30, 2023 $8,025.50 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $3,586.00 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 is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $4,625.50 B. Amount the Tenants must pay if the tenancy is terminated R. Owing To Hearing Date $8,189.07 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $3,586.00 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 R. deposit - $946.00 Less the amount of the interest on the last month's R. deposit - $25.66 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $3,817.41 Plus daily compensation owing for each day of occupation starting $30.21 June 8, 2023 (per day) Order Page: 4 of 4