LTB Order LTB-L-014681-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 78671 (CanLII) Citation: 1040 Castlefield Apartments Limited v V., 2023 ONLTB 78671 Date: 2023-12-04 File Number: LTB-L-014681-23 In the matter of: 409, 1040 CASTLEFIELD AVE YORK ON M6B1E5 Between: 1040 Castlefield Apartments Limited Landlord A. K.V.A.A.J.M. Tenants 1040 Castlefield Apartments Limited (the 'Landlord') applied for an order to terminate the tenancy A. evict K.V.A.A.J.M. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on June 21, 2023. The Landlord’s representative Mark Ciobotaru A. the Tenants attended the hearing. 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 $1,043.69. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $34.31. This amount is calculated as follows: $1,043.69 x 12, divided by 365 days. 5. The Tenants have paid $5,400.00 to the Landlord since the application was filed. 6. The parties agree the rental arrears owing to June 30, 2023 are $2,281.78. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. Order Page 1 of 4  File Number: LTB-L-014681-23 8. The Landlord collected a rent deposit of $1,000.00 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 $103.56 is owing to the Tenants for the period from February 17, 2017 to June 21, 2023. 2023 ONLTB 78671 (CanLII) 10. The Landlord’s representative A. the Tenant K. V. on behalf of both Tenants agreed to an extension of a standard order to September 10, 2023 if the tenancy were to be terminated. 11. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A., particularly given the amount paid toward the arrears subsequent to the filing of the application, find that it would not be unfair to delay eviction as requested should the Tenant not be able to pay the outstanding arrears. 12. Due to the late issuance of this Order, the extension of the agreed standard order date will be extended to December 15, 2023. 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: • $8,729.92 if the payment is made on or before December 15, 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 December 15, 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 December 15, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $1,041.04. 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 Tenants. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $34.31 per day for the use of the unit starting June 22, 2023 until the date the Tenants moves out of the unit. Order Page 2 of 4  File Number: LTB-L-014681-23 7. If the Tenants do not pay the Landlord the full amount owing on or before December 15, 2023, the Tenants will start to owe interest. This will be simple interest calculated from December 16, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before December 15, 2023, then starting December 16, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that 2023 ONLTB 78671 (CanLII) 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 December 16, 2023. December 4, 2023 ____________________________ Date Issued André-Paul Baillargeon-Smith 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 June 16, 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 4  File Number: LTB-L-014681-23 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 December 15, 2023 2023 ONLTB 78671 (CanLII) Rent Owing To December 31, 2023 $13,943.92 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $5,400.00 application was filed Less the amount the Tenants paid since the hearing - $unknown 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 $8,729.92 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $7,358.60 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $5,400.00 application was filed Less the amount the Tenants paid since the hearing - $unknown Less the amount of the last month's rent deposit - $1,000.00 Less the amount of the interest on the last month's rent deposit - $103.56 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 $1,041.04 Plus daily compensation owing for each day of occupation starting $34.31 June 22, 2023 (per day) Order Page 4 of 4