LTB Order LTB-L-001961-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 45737 (CanLII) Citation: K. S. v M. S., 2023 ONLTB 45737 Date: 2023-06-26 File Number: LTB-L-001961-23 In the matter of: 375 MALABAR DR KINGSTON ON K7M8X1 Between: K.S.A.M.K. L. A. J. S. A. M. S. Tenants K.S.A.M.K. (the 'L.') applied for an order to terminate the tenancy A. evict J. S. A. M. S. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on June 7, 2023. The Landlord, K. S., A. the Tenant, M. S., attended the hearing. M. S. stated she was appearing on behalf of the Tenants. Determinations: 1. The L. 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 $2,200.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $72.33. This amount is calculated as follows: $2,200.00 x 12, divided by 365 days. 5. The Tenants have paid $12,700.00 to the L. since the application was filed. 6. The rent arrears owing to June 30, 2023 are $2,700.00. Order Page: 1 of 5  File Number: LTB-L-001961-23 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. I have considered all of the disclosed circumstances in accordance with subsection 83(2) 2023 ONLTB 45737 (CanLII) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties A. whether the L. attempted to negotiate a repayment agreement with the Tenants A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 10. The Tenant testified that they have been unable to pay rent because they had to pay other bills A. the holidays. The Tenant proposed a repayment plan of $150.00 a month. The Tenant testified to their income A. expenses. 11. The Landlord objected to the continuation of the tenancy. The L. have had to pay for maintaining the unit with their own funds. 12. I find it would be unfair to grant relief to the Tenants. The Tenant’s evidence was that they prioritized other bills A. the holidays over rent. This is not a positive consideration. Further, it would be unfair to impose the repayment plan on the L. as the Tenant’s evidence regarding their income A. expenses suggests they are unable to afford rent at the unit. In consideration of the foregoing, relief will not be granted. It is ordered that: 1. The tenancy between the L. A. the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $2,886.00 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $5,086.00 if the payment is made on or before July 7, 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 July 7, 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 does not pay the amount required to void this order the Tenants must move out of the rental unit on or before July 7, 2023 Order Page: 2 of 5  File Number: LTB-L-001961-23 5. If the Tenants does not void the order, the Tenants shall pay to the L. $1,192.31. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the L. compensation of $72.33 per day for the use of the unit starting June 8, 2023 until the date the Tenants moves out of the unit. 2023 ONLTB 45737 (CanLII) 7. If the Tenants does not pay the L. the full amount owing on or before July 7, 2023, the Tenants will start to owe interest. This will be simple interest calculated from July 8, 2023 at 6.00% annually on the balance outstanding. 8. The L. or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before July 7, 2023, then starting July 8, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the L. on or after July 8, 2023. June 26, 2023 ____________________________ Date Issued Camille Tancioco Member, L. A. 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 January 8, 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. *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 5  File Number: LTB-L-001961-23 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before June 30, 2023 2023 ONLTB 45737 (CanLII) Rent Owing To June 30, 2023 $15,400.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $12,700.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the L. 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 $2,886.00 B. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before July 7, 2023 Rent Owing To July 31, 2023 $17,600.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $12,700.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the L. 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 $5,086.00 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $13,706.31 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $12,700.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 Order Page: 4 of 5  File Number: LTB-L-001961-23 Less the amount the L. 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 L. $1,192.31 Plus daily compensation owing for each day of occupation starting $72.33 2023 ONLTB 45737 (CanLII) June 8, 2023 (per day) Order Page: 5 of 5