LTB Order LTB-L-012655-23

2023 ONLTB 69664 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: D. v W., 2023 ONLTB 69664 Date: 2023-11-01 File Number: LTB-L-012655-23 In the matter of: Upstairs Apartment, 24105 THORAH PARK BLVD BEAVERTON ON L0K1A0 Between: T.D. Landlord A. N.W.A.D.M. Tenants T.D. (the 'Landlord') applied for an order to terminate the tenancy A. evict N. W. A. D. M. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on July 6, 2023 A. reconvened October 12, 2023. On July 6, 2023, the Landlord, the Landlord’s representative A Golabgir A. the Tenant D M. attended the hearing. On October 12, 2023, only the Landlord A. the Landlord’s representative A Golabgir attended the hearing. As of 1:36 pm, October 12, 2023, 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: Hearing, July 6, 2023 1. On July 6, 2023, this matter was adjourned due to lack of time to complete the hearing. Order Page 1 of 6  File Number: LTB-L-012655-23 2. In interim order LTB-L-012655-23-IN, dated July 19, 2023, the Tenants were ordered to make a good faith payment of $1,000.00 towards the rental arrears no later than July 31, 2023. The Tenants were also ordered to resume paying the lawful monthly rent on August 1, 2023. The order also allowed the Landlord to submit a Request to Shorten Time to Hearing (RST) to the Board if the Tenants did not comply with their obligation to pay. 2023 ONLTB 69664 (CanLII) 3. At the hearing on July 6, 2023, the Tenant D M. requested additional time to locate documentation relevant to the rental arrears A. the interim order included direction to disclose evidence to the Landlord A. to the Board no later than August 2, 2023. 4. Pursuant to the interim order, the Landlord submitted an RST to the Board, A. this request was granted. Reconvened Hearing, October 12, 2023 5. The Tenants did not attend the reconvened hearing on October 12, 2023. 6. The Landlord testified that the Tenants have not made any payments since the date of the last hearing as required by the interim order. 7. There is no disclosure in the Board’s file from the Tenants since the date of the last hearing. 8. 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. 9. As of the hearing date, the Tenants were still in possession of the rental unit. 10. The lawful rent is $2,000.00. It is due on the 1st day of each month. 11. 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. 12. The Landlord testified that the Tenants provided him with ownership documents to a trailer A. an all-terrain vehicle in early 2023. The agreed value of this transfer was $8,000.00. This amount was credited to the Tenants’ rental ledger as amounts paid to the Landlord since the application was filed. 13. The rent arrears owing to October 31, 2023 are $16,000.00. 14. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 15. There is no last month's rent deposit. Order Page 2 of 6  File Number: LTB-L-012655-23 Relief from Eviction 16. I have considered all of the disclosed circumstances in accordance with subsection 83(2) 2023 ONLTB 69664 (CanLII) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. Not only did the Tenants not attend the October 12, 2023 hearing to present evidence or submissions in support of granting relief from eviction, the Tenants also did not adhere to any of the conditions in the interim order, dated July 19, 2023, therefore I find that there is no compelling reason to grant relief from this eviction. 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: • $18,186.00 if the payment is made on or before November 12, 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 November 12, 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 November 12, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $14,975.00. 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 Landlord compensation of $65.75 per day for the use of the unit starting October 13, 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 November 12, 2023, the Tenants will start to owe interest. This will be simple interest calculated from November 13, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 12, 2023, then starting November 13, 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 November 13, 2023. Order Page 3 of 6  File Number: LTB-L-012655-23 November 1, 2023 ____________________________ Date Issued Heather Kenny Member, Landlord A. Tenant Board 2023 ONLTB 69664 (CanLII) 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 May 6, 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 4 of 6  File Number: LTB-L-012655-23 2023 ONLTB 69664 (CanLII) 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 November 12, 2023 Rent Owing To November 30, 2023 $26,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $8,000.00 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 are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $18,186.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $22,789.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $8,000.00 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 - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the Landlord $14,975.00 Plus daily compensation owing for each day of occupation starting $65.75 October 13, 2023 (per day) Order Page 5 of 6 File Number: LTB-L-012655-23 2023 ONLTB 69664 (CanLII) Order Page 6 of 6