LTB Order LTB-L-012328-26

Order under Section 69 Residential Tenancies Act, 2006 File Number: LTB-L-012328-26 In the matter of: 1245 ABBEY CRT WINDSOR ON N8S 4E1 APR 23, 2026 Between: R.S. Landlord And J. S. A. C. Tenants R.S. (the 'Landlord') applied for an order to terminate the tenancy and evict J. S. and A. C. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on April 16, 2026. Only the Landlord’s legal representative Evan Will and the Landlord’s agents R.S. and Jessica Youkhana attended the hearing. As of 13:50 a.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 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 $2,450.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $80.55. This amount is calculated as follows: $2,450.00 x 12, divided by 365 days. 5. The Tenants had not made any payments since the application was filed. 6. The rent arrears owing to April 30, 2026, are $15,750.00. Order Page 1 of 4  File Number: LTB-L-012328-26 7. The Landlord collected a rent deposit of $2,450.00 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. 8. Interest on the rent deposit, in the amount of $49.48, is owing to the Tenants for the period from May 1, 2025, to April 16, 2026. 9. The Tenants did not come to the hearing to describe their circumstances and the Landlord was not aware of any. 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 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. 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: • $15,750.00 if the payment is made on or before April 30, 2026. See Schedule 1 for the calculation of the amount owing. OR • $18,200.00 if the payment is made on or before May 4, 2026. 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 had paid the full amount owing as ordered, plus any additional rent that became due after May 4, 2026, 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 May 4, 2026. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $12,089.32. This amount includes rent arrears owing up to the date of the hearing. The rent deposit and interest the Landlord owes on the rent 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 $80.55 per day for the use of the unit starting April 17, 2026, 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 4, 2026, the Tenants will start to owe interest. This will be simple interest calculated from May 5, 2026, at 4.00% annually on the balance outstanding. Order Page 2 of 4  File Number: LTB-L-012328-26 8. If the unit is not vacated on or before May 4, 2026, then starting May 5, 2026, 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 5, 2026. April 23, 2026 ____________________________ Date Issued Nersi Makki 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 5, 2026, 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 4  File Number: LTB-L-012328-26 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 April 30, 2026 Rent Owing to April 30, 2026 $15,750.00 Total the Tenants must pay to continue the tenancy $15,750.00 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before May 4, 2026 Rent Owing to May 31, 2026 $18,200.00 Total the Tenants must pay to continue the tenancy $18,200.00 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing to Hearing Date $14,588.80 Less the amount of the last month's rent deposit - $2,450.00 Less the amount of the interest on the last month's rent deposit - $49.48 Total amount owing to the Landlord $12,089.32 Plus, daily compensation owing for each day of occupation starting $80.55 April 17, 2026 (per day) **Ongoing daily compensation continues to accumulate until the total amount owing (excluding costs) is $50,000.00. Order Page 4 of 4