LTB Order LTB-L-004689-23

2023 ONLTB 41506 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: A.P. v J.N., 2023 ONLTB 41506 Date: 2023-06-02 File Number: LTB-L-004689-23 In the matter of: 1108, 169 FORT YORK TORONTO ON M5V0C8 Between: A.P. Landlords Bharat P. And J.N. Tenants Mathew Botelho Palma A.P. and Bharat P. (the 'Landlords') applied for an order to terminate the tenancy and evict J.N. and Mathew Botelho Palma (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on April 26, 2023. The Landlord, Bharat P., and the Landlord’s Legal Representative, Paul Chu, attended the hearing. As of 1:56 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 Landlords 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 $2,000.00. It is due on the 1st day of each month. Order Page: 1 of 4  File Number: LTB-L-004689-23 4. Based on the Monthly rent, the daily rent/compensation is $65.75. This amount is calculated as follows: $2,000.00 x 12, divided by 365 days. 5. The Tenants have paid $2,900.00 to the Landlords since the application was filed. 6. The rent arrears owing to April 30, 2023 are $15,100.00. 2023 ONLTB 41506 (CanLII) 7. The Landlords incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlords collected a rent deposit of $2,000.00 from the Tenants and 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. Interest on the rent deposit, in the amount of $77.56 is owing to the Tenants for the period from April 1, 2021 to April 26, 2023. 10. The Landlord’s Legal Representative submitted that the Landlord is unaware of any circumstances of the Tenants that would cause the termination of the tenancy to be delayed or denied. Since the Tenants did not attend the hearing to give evidence of their circumstances, I am unable to determine if any relief from eviction should be considered. 11. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including whether the Landlords 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 Landlords and the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $19,301.00 if the payment is made on or before June 13, 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 have paid the full amount owing as ordered plus any additional rent that became due after June 13, 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 13, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlords $12,932.94. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlords owe on the rent deposit are deducted Order Page: 2 of 4  File Number: LTB-L-004689-23 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 $65.75 per day for the use of the unit starting April 27, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 41506 (CanLII) 7. If the Tenants do not pay the Landlord the full amount owing on or before June 13, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 14, 2023 at 6.00% annually on the balance outstanding. 8. The Landlords 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 June 13, 2023, then starting June 14, 2023, the Landlord 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 Landlords on or after June 14, 2023. June 2, 2023 ____________________ Date Issued Susan Priest 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 December 14, 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 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 13, 2023 Rent Owing To June 30, 2023 $22,000.00 Application Filing Fee $201.00 NSF Charges $0.00 Order Page: 3 of 4  File Number: LTB-L-004689-23 Less the amount the Tenant spaid to the Landlord since the - $2,900.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Total the Tenants must pay to continue the tenancy $19,301.00 2023 ONLTB 41506 (CanLII) B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $17,709.50 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $2,900.00 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 - $2,000.00 Less the amount of the interest on the last month's rent deposit - $77.56 Total amount owing to the Landlords $12,932.94 Plus daily compensation owing for each day of occupation starting $65.75 April 27, 2023 (per day) Order Page: 4 of 4