LTB Order LTB-L-016175-22

Amended Order under Section 69 Residential Tenancies Act, 2006 Citation: C. v A., 2023 ONLTB 21822 2023 ONLTB 21822 (CanLII) Date: 2023-02-22 File Number: LTB-L-016175-22-AM 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 AMENDED ORDER This order is amended to correct clerical errors. 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. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on September 28, 2022. The Landlords A. the Tenants attended the hearing. Determinations: 1. The Landlords 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 $1,062.60. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $34.93. This amount is calculated as follows: $1,062.60 x 12, divided by 365 days. 5. The Tenants have paid $6,445.20 to the Landlords since the application was filed. 6. The rent arrears owing to September 30, 2022 are $2,017.80. Order Page: 1 of 5  File Number: LTB-L-016175-22-AM 7. The Landlords are entitled to $20.00 to reimburse the Landlords for administration charges A. $7.50 for bank fees the Landlords incurred as a result of 0 cheque given by or on behalf of the Tenants which was returned NSF. 8. The Landlords incurred costs of $186.00 for filing the application A. is entitled to 2023 ONLTB 21822 (CanLII) reimbursement of those costs. 9. 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. 10. Interest on the rent deposit, in the amount of $118.53 is owing to the Tenants for the period from February 1, 2015 to September 28, 2022. 11. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (RTA), including the impact of COVID-19 on the parties A. whether the Landlord attempted to negotiate a repayment agreement with the Tenant, A. find that given the time that has passed since the hearing, 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 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:  $7,544.30 (minus any payments made since the hearing date) if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR  $8,606.90 (minus any payments made since the hearing date) if the payment is made on or before March 5, 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 March 5, 2023 but before the Court Enforcement Office (Sheriff) 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 March 5, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $978.21. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application A. unpaid NSF charges. 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. Order Page: 2 of 5  File Number: LTB-L-016175-22-AM 6. The Tenant shall also pay the Landlord compensation of $34.93 per day for the use of the unit starting September 29, 2022 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 March 5, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 6, 2023 ONLTB 21822 (CanLII) 2023 at 5.00% annually on the balance outstanding. 8. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before March 5, 2023, then starting March 6, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. 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 March 6, 2023. February 15, 2023 Date Issued John Tzanis Member, Landlord A. Tenant Board February 22, 2023 Date Amended 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 September 6, 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-016175-22-AM 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 February 28, 2023 2023 ONLTB 21822 (CanLII) Rent Owing To February 28, 2023 $13,776.00 Application Filing Fee $186.00 NSF Charges $27.50 Less the amount the Tenant paid to the Landlord since the - $6,445.20 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 - $0.00 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 $7,544.30 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before March 5, 2023 Rent Owing To March 31, 2023 $14,838.60 Application Filing Fee $186.00 NSF Charges $27.50 Less the amount the Tenant paid to the Landlord since the - $6,445.20 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 - $0.00 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 $8,606.90 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $8,378.43 Application Filing Fee $186.00 NSF Charges $27.50 Less the amount the Tenant paid to the Landlord since the - $6,445.20 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 - $1,050.00 Less the amount of the interest on the last month's rent deposit - $118.53 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-016175-22-AM Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $978.21 Plus daily compensation owing for each day of occupation starting $34.93 September 29, 2022 (per day) 2023 ONLTB 21822 (CanLII) Order Page: 5 of 5