LTB Order LTB-L-004692-23

2023 ONLTB 49184 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: N. v B., 2023 ONLTB 49184 Date: 2023-07-10 File Number: LTB-L-004692-23 In the matter of: 28 BEER CRES Ajax ON L1S0A4 Between: T.N. Landlord A. J.B.A.K.H. Tenants T.N. (the 'Landlord') applied for an order to terminate the tenancy A. evict J.B.A.K.H. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on June 7, 2023. Only the Landlord attended the hearing. As of 1:54 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 Nonpayment 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 $3,000.00. It is due on the 15th day of each month. Order Page 1 of 5  File Number: LTB-L-004692-23 4. Based on the Monthly rent, the daily rent/compensation is $98.63. This amount is calculated as follows: $3,000.00 x 12, divided by 365 days. 5. The Tenants have paid $3,750.00 to the Landlord since the application was filed. 6. The rent arrears owing to June 14, 2023 are $17,250.00. 2023 ONLTB 49184 (CanLII) 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $3,000.00 from the Tenants A. 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 $98.22 is owing to the Tenants for the period from February 15, 2022 to June 7, 2023. 10. The Landlord said that he has tried communicating with the Tenants about a payment plan. He said that an agreement was made with one Tenant, but that Tenant breached the agreement, A. the other Tenant refuses to pay anything to the Landlord. The Landlord was not aware of any other circumstances that should be considered with respect to whether eviction should be delayed or denied. 11. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties A. whether the Landlord 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. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $20,436.00 if the payment is made on or before July 14, 2023. See Schedule 1 for the calculation of the amount owing. OR • $23,436.00 if the payment is made on or before July 21, 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 21, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. Order Page 2 of 5  File Number: LTB-L-004692-23 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 21, 2023 5. If the Tenants does not void the order, the Tenants shall pay to the Landlord $13,606.27. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the Landlord owes on the rent deposit are 2023 ONLTB 49184 (CanLII) 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 $98.63 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 does not pay the Landlord the full amount owing on or before July 21, 2023, the Tenants will start to owe interest. This will be simple interest calculated from July 22, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before July 21, 2023, then starting July 22, 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 22, 2023. July 10, 2023 ____________________________ Date Issued Mark Melchers Member, Landlord A. 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 22, 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. Order Page 3 of 5  File Number: LTB-L-004692-23 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 July 14, 2023 2023 ONLTB 49184 (CanLII) Rent Owing To July 14, 2023 $24,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $3,750.00 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 $20,436.00 B. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before July 21, 2023 Rent Owing To August 14, 2023 $27,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $3,750.00 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 $23,436.00 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $20,268.49 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $3,750.00 application was filed Order Page 4 of 5  File Number: LTB-L-004692-23 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 - $3,000.00 Less the amount of the interest on the last month's rent deposit - $98.22 2023 ONLTB 49184 (CanLII) 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 $13,606.27 Plus daily compensation owing for each day of occupation starting $98.63 June 8, 2023 (per day) Order Page 5 of 5