LTB Order LTB-L-004959-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 38166 (CanLII) Citation: M.V. v I.R., 2023 ONLTB 38166 Date: 2023-05-19 File Number: LTB-L-004959-23 In the matter of: Basement, 38 Prince George Crescent Barrie Ontario L4N0K9 Between: M.V. Landlord And I.R. Tenant Jason R. M.V. (the 'Landlord') applied for an order to terminate the tenancy and evict I. R. and Jason R. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on May 8, 2023. The Landlord attended the hearing and was represented by Fatma Uyualu. The Tenant Jason R. attended the hearing and was self-represented. 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 $2,000.00. It is due on the 1st day of each month. 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 not made any payments since the application was filed. 6. The rent arrears owing to May 31, 2023 are $22,000.00. Order Page: 1 of 4  File Number: LTB-L-004959-23 7. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord 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. 2023 ONLTB 38166 (CanLII) 9. Interest on the rent deposit, in the amount of $46.85 is owing to the Tenants for the period from June 1, 2022 to May 8, 2023. Relief from eviction: 10. 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 and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 11. The arrears of rent are substantial, and the Tenants have made no good-faith payments since the application was filed in October 2022. In fact, the tenancy commenced on June 1, 2022 and the Tenants immediately fell into arrears on July 1, 2022. Since the commencement of the tenancy, the Tenants have made no payments to the Landlord other than their first month’s rent and last month’s rent deposit. 12. The Landlord is a non-corporate entity who relies on the rental income to pay the mortgage, taxes and/or expenses on the rental property. 13. As of the hearing date, the Tenant’s household income was insufficient to repay the arrears, let alone the lawful monthly rent going forward. Based on all the evidence and circumstances I find that no relief from eviction is warranted. 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: • $20,201.00 if the payment is made on or before May 30, 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 May 30, 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 4  File Number: LTB-L-004959-23 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 May 30, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $18,680.15. 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 Landlord owes on the rent deposit are 2023 ONLTB 38166 (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 $65.75 per day for the use of the unit starting May 9, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before May 30, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 31, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before May 30, 2023, then starting May 31, 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 May 31, 2023. May 19, 2023 ____________________________ Date Issued Fabio Quattrociocchi 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 November 30, 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-004959-23 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if 2023 ONLTB 38166 (CanLII) the payment is made on or before May 30, 2023 Rent Owing To May 31, 2023 $20,000.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $20,201.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $20,526.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant 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 - $46.85 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $18,680.15 Plus daily compensation owing for each day of occupation starting $65.75 May 9, 2023 (per day) Order Page: 4 of 4