LTB Order LTB-L-023504-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: jmoakparalegal v Slepcikova, 2023 ONLTB 15041 Date: 2023-01-17 2023 ONLTB 15041 (CanLII) File Number: LTB-L-023504-22 In the matter of: 609, 25 TRUDELLE ST SCARBOROUGH ON M1J1Z4 Between: jmoakparalegal and 2501572 ONTARIO INC. Landlord And Lubos Kaleja Tenants Rozalie Slepcikova jmoakparalegal and 2501572 ONTARIO INC. (the 'Landlord') applied for an order to terminate the tenancy and evict Lubos Kaleja and Rozalie Slepcikova (the 'Tenants') because the Tenants did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on November 10, 2022. Only the Landlord’s representative Greg Foss attended the hearing. As of 1:30 a.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. Determinations: 1. The Landlord 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 $1,970.00. It is due on the first day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $64.77. This amount is calculated as follows: $1,970.00 x 12, divided by 365 days. 5. The rent arrears owing to November 30, 2022 are $16,184.90. Order Page: 1 of 4  File Number: LTB-L-023504-22 6. The Landlord is entitled to $140.00 to reimburse the Landlord for administration charges and bank fees the Landlord incurred as a result of 7 cheque given by or on behalf of the Tenant which was returned NSF. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to 2023 ONLTB 15041 (CanLII) reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,970.00 from the Tenant and 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. The Landlord has made several attempts to contact the Tenants to arrange a repayment plan but the Tenant will not respond to the Landlord. To arrears are substantial and to grant relief from eviction would be prejudicial to the Landlord. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that 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 and the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust:  $22,420.90 if the payment is made on or before February 20, 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 Tenant has paid the full amount owing as ordered plus any additional rent that became due after February 20, 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 Tenants do not pay the amount required to void this order the Tenant must move out of the rental unit on or before February 20, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $13,215.65. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. The rent deposit and 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 $64.77 per day for the use of the unit starting November 11, 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 February 20, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 21, 2023 at 5.00% annually on the balance outstanding. 8. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. Order Page: 2 of 4  File Number: LTB-L-023504-22 9. If the unit is not vacated on or before February 20, 2023, then starting February 21, 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 2023 ONLTB 15041 (CanLII) possession of the unit to the Landlord on or after February 21, 2023. February 8, 2023 Date Issued Maria Shaw Member, Landlord and 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 July 29, 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. Order Page: 3 of 4  File Number: LTB-L-023504-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before February 20, 2023 2023 ONLTB 15041 (CanLII) Rent Owing To February 28,, 2023 $22,094.90 Application Filing Fee $186.00 NSF Charges $140.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 - $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 $22,420.90 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing date $14,889.50 Application Filing Fee $186.00 NSF Charges $140.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 - $1,970.00 Less the amount of the interest on the last month's rent deposit - 29.85 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord 13,215.65 Plus daily compensation owing for each day of occupation starting $64.77 November 11, 2022 (per day) Order Page: 4 of 4