LTB Order LTB-L-024911-22

2023 ONLTB 31483 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: B. v S., 2023 ONLTB 31483 Date: 2023-04-17 File Number: LTB-L-024911-22 In the matter of: 28 BISON RUN RD BRAMPTON ON L6R1R9 Between: M.S.B.R.K. Landlords B. A. S. S. B. A. G. M. S. A. T. A. Tenants S. M.S.B.R.K. B. A. S. S. B. (the 'Landlords') applied for an order to terminate the tenancy A. evict G. M. S. A. T. A. S. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe (L1): A. because the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlords or another tenant (L2). This application was heard by videoconference on April 4, 2023. The Landlord Sardeep S. B. represented by Samila Waslat, A. the Tenant T. A. S., attended the hearing. Determinations: 1. The Tenant argued that the N4 A. N5 notices were not served on him by the Landlord. The certificate of service shows that the notices were served to a person at the rental unit by Richard Bowers. Mr. Bowers is a paralegal at the same firm as the Landlords’ representative. The matter was stood down to allow Mr. Bowers to attend the hearing A. give testimony about the service of the notices. 2. Mr. Bowers testified that he personally served the notices to an adult at the rental. As the service was one year ago, Mr. Bowers could not remember specifically who received the notices, but Mr. Bowers personally serves documents for LTB matters as well as Small Claims Court, A. remembers attending the unit to serve the notices.. I find Mr. Bowers credible A. find on a balance of probabilities, that the notices were properly served. Order Page: 1 of 5  File Number: LTB-L-024911-22 3. The Landlords served the Tenant 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. 4. As of the hearing date, the Tenants were still in possession of the rental unit. 2023 ONLTB 31483 (CanLII) 5. The lawful rent is $3,000.00. It is due on the 15th day of each month. 6. The Tenants have not made any payments since the application was filed. The Tenants paid the first month rent when they moved into the unit in December 2021 A. have made no payments since that time. 7. The Tenants have not paid utility bills totalling $1,744.86. 8. The rent arrears A. outstanding utility costs less the last month rent deposit exceed the Board’s monetary jurisdiction of $35,000.00. 9. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 10. The Landlord collected a rent deposit of $3,000.00 from the Tenant A. this deposit is still being held by the Landlord. 11. The Tenant testified that a property has been sold for $30,000.00 which he will receive. There was not evidence to support this testimony. The Tenant also testified that they currently have no money. 12. 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 be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The Tenants moved into the unit more than one year ago A. have not paid rent since that time. The Tenants have also failed to pay the utility bills they are responsible to pay. It is ordered that: 1. The tenancy between the Landlords 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 Landlords or to the LTB in trust: • $35,000 if the payment is made on or before April 28, 2023. See Schedule 1 for the calculation of the amount owing. OR 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 have paid the full amount owing as ordered plus any additional rent that became due after April 28, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. Order Page: 2 of 5  File Number: LTB-L-024911-22 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 April 28, 2023 5. If the unit is not vacated on or before April 28, 2023, then starting April 29, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 2023 ONLTB 31483 (CanLII) 6. 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 April 29, 2023. April 17, 2023 ____________________________ Greg Joy 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 October 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. *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-024911-22 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 April 28, 2023 2023 ONLTB 31483 (CanLII) Rent Owing To $35,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlords since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlords owe the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $35,000.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $35,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $3,000.00 Less the amount of the interest on the last month's rent deposit - $59.01 Less the amount the Landlords owe the Tenants for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-024911-22 Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the Landlords $35,000 2023 ONLTB 31483 (CanLII) Order Page: 5 of 5