LTB Order LTB-L-014656-22

2023 ONLTB 40445 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: TALHI PROPERTIES INC.v B., 2023 ONLTB 40445 Date: 2023-05-31 File Number: LTB-L-014656-22-AM In the matter of: 287 GAMMA ST, MAIN Level, TORONTO ON M8W4G9 Between: TALHI PROPERTIES INC. Landlord A. T.L.B.A.V.W. Tenant TALHI PROPERTIES INC. (the 'Landlord') applied for an order to terminate the tenancy A. evict T. L. B., V. W. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on September 26, 2022. Only the Landlord’s Representative, Kevin Kok attended the hearing. As of 1:30 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. A clerical amendment hearing was scheduled to be heard by videoconference on January 26, 2023 was adjourned on request of the Landlord. The Landlord’s Representative, John Lambe A. V. W. attended. The clerical amendment hearing was heard by videoconference on February 17, 2023. The Landlord’s Representative, John Lambe A. V. W. attended. This amended order is issued to correct clerical errors in the order issued on September 26, 2022. Determinations: Order Page: 1 of 5  File Number: LTB-L-014656-22 1. The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant 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 Tenant was still in possession of the rental unit. 2023 ONLTB 40445 (CanLII) 3. The lawful rent is $2,200.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $72.33. This amount is calculated as follows: $2,200.00 x 12, divided by 365 days. 5. The Tenant has paid $11,000.00 to the Landlord since the application was filed. 6. The rent arrears owing to February 28, 2023 are $29,300.00, less any amounts paid. 7. After the application was filed, the Tenants received a credit of $960.00 for hydro utility bills representing a one year period. 8. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $2,200.00 from the Tenant 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. 10. Interest on the rent deposit, in the amount of $172.11 is owing to the Tenant for the period from January 31, 2018 to February 17, 2023. 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. The Tenants failed to attend the hearing to provide evidence of their circumstances A. the Landlord’s Representative submitted that they are unaware of any circumstances that would cause me to delay or deny an eviction. 12. This order contains all of the reasons for the decision within it. No further reasons shall be issued. It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $35,126.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. OR Order Page: 2 of 5  File Number: LTB-L-014656-22 • $37,326.00 if the payment is made on or before June 11, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after June 11, 2023 but before the Court Enforcement Office (Sheriff) 2023 ONLTB 40445 (CanLII) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before June 11, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $25,183.50. 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 deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $72.33 per day for the use of the unit starting February 18, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before June 11, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 12, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before June 11, 2023, then starting June 12, 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 June 12, 2023. October 5, 2022 Date issued May 31, 2023 ____________________________ Date Amended Alicia Johnson 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 December 12, 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 5  File Number: LTB-L-014656-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before May 31, 2023 2023 ONLTB 40445 (CanLII) Rent Owing To May 31, 2023 $46,900.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $11,000.00 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 - $960.00 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 $35,126.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before June 11, 2023 Rent Owing To June 30, 2023 $49,100.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $11,000.00 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 - $960.00 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 $37,326.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $39,329.61 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $11,000.00 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 - $2,200.00 Order Page: 4 of 5  File Number: LTB-L-014656-22 Less the amount of the interest on the last month's rent deposit - $172.11 Less the amount the Landlord owes the Tenant for an - $960.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 2023 ONLTB 40445 (CanLII) Total amount owing to the Landlord $25,183.50 Plus daily compensation owing for each day of occupation starting $72.33 February 18, 2023 (per day) Order Page: 5 of 5