LTB Order LTB-L-016175-22

Order under Section 69 2023 ONLTB 20457 (CanLII) Residential Tenancies Act, 2006 Citation: C. v A., 2023 ONLTB 20457 Date: 2023-02-15 File Number: LTB-L-016175-22 In the matter of: 8A VICTORIA ST E ALLISTON ON L9R1T4 Between: A.C.B.C. Landlords Ralph C. A. R. C. A. J. A. A. M. A. Tenants A.C.B.C. Ralph C. A. R. C. (the 'Landlords') applied for an order to terminate the tenancy A. evict J. A. A. M. A. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on September 28, 2022 at 1pm. The Landlords A. Tenants attended the hearing. Determinations: 1. The Landlords 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 $1,050.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $34.52. This amount is calculated as follows: $1,050.00 x 12, divided by 365 days. 5. The Tenants concede A. agree that the current arears are $2231.30 as of September 28, 2022 . 6. The Landlords incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 7. The Landlords collected a rent deposit of $1,050.00 from the Tenants A. this deposit is still being held by the Landlords. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated.  Order Page: 1 of 2 File Number: LTB-L-016175-22 2023 ONLTB 20457 (CanLII) 8. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would not be unfair to grant relief from eviction subject to the conditions set out in this order pursuant to subsection 83(1)(a) A. 204(1) of the Act. 9. The Tenants A. Landlords agree that the Tenants were never late with rent payments before February 2022, which the Tenants attribute to a business slow down A. personal identity theft. 10. I accept that the Tenants have a long history of paying their rent on time A. that unfortunate personal A. business circumstances have resulted in the Tenants being late with rent payments. I am satisfied that in the circumstances the tenancy is viable A. the Tenants ought to be permitted a further opportunity to preserve it by satisfying the arrears. It is ordered that: 1. The Tenants shall pay the to the Landlords $2231.30 A. any other arears accrued todate, less payments made, by February 26, 2023. 2. Commencing March 1, 2023 A. continuing for one year or until the arrears are paid in full, whichever comes first, the Tenants shall pay the lawful monthly rent on time, by the first of the month. 3. Section 78 of the Residential Tenancies Act, 2006, S.O., 2006, c.17 applies to this Order for a period of one year. If the Tenants fail to comply with any of the conditions in paragraphs 1 or 2 above, then the Landlords, may, without notice to the Tenants, apply to the Board for an Order terminating the tenancy A. evicting the Tenants. The Landlords must make this application no later than 30 days after a beach of a condition of this order. 4. The Landlords or the Tenants shall pay to the other any sum of money that is owed as a result of this order. February 15, 2023 Date Issued 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. *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 2023 ONLTB 20457 (CanLII) Order Page: 2 of 2