LTB Order LTB-L-025367-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: K. v C., 2023 ONLTB 54144 2023 ONLTB 54144 (CanLII) Date: 2023-08-03 File Number: LTB-L-025367-23 In the matter of: PH 103, 38 LEE CENTRE DR SCARBOROUGH ON M1H3J7 Between: R.H.K. Landlords Apoorva Athavale And K.C. Tenant R.H.K. (the 'Landlords') applied for an order to terminate the tenancy and evict K.C. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on July 20, 2023. Only the Landlords attended the hearing. As of 2:13 p.m., the Tenant was 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 Landlords' evidence. Determinations: 1. The application did not include the name of the second Landlord Apoorva Athavale. She was present at the hearing and the application is amended to add her name to the application. 2. The Landlords served the Tenant with a valid Notice to End Tenancy Early for Non- payment of Rent (N4 Notice). The Tenant 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. 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent is $2,850.00. It is due on the 1st day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $93.70. This amount is calculated as follows: $2,850.00 x 12, divided by 365 days. 6. The Tenant has not made any payments since the application was filed. 7. The rent arrears owing to July 31, 2023 are $14,250.00. Order Page 1 of 4  File Number: LTB-L-025367-23 8. The Landlords incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlords collected a rent deposit of $2,850.00 from the Tenant and this deposit is still being held by the Landlords. The rent deposit can only be applied to the last rental period 2023 ONLTB 54144 (CanLII) of the tenancy if the tenancy is terminated. 10. Interest on the rent deposit, in the amount of $69.10 is owing to the Tenant for the period from August 1, 2022 to July 20, 2023. Section 83 considerations 11. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties and whether the Landlords attempted to negotiate a repayment agreement with the Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 12. The Landlord Mr. K. testified that the Landlords had reached out to the Tenant in each possible way to negotiate a payment plan. He even added when the Tenant lost her father in February 2023, she asked for extra time to pay off her rent, which the Landlords willingly extended to her. After she paid February rent, she stopped paying rent completely and has stopped communicating with them. She even gave the Landlords new cheques but all of them returned NSF. 13. Based on this uncontested evidence, I find that the Tenant has not made any efforts to reach out to the Landlords to negotiate a payment plan and has made no rent payments either, so I am unwilling to grant her extra time. It is ordered that: 1. The tenancy between the Landlords and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlords or to the LTB in trust:  $17,286.00 if the payment is made on or before August 14, 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 August 14, 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 August 14, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlords $10,540.90. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlords owe on the rent deposit are Order Page 2 of 4  File Number: LTB-L-025367-23 deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlords compensation of $93.70 per day for the use of the unit starting July 21, 2023, until the date the Tenant moves out of the unit. 2023 ONLTB 54144 (CanLII) 7. If the Tenant does not pay the Landlords the full amount owing on or before August 14, 2023, the Tenant will start to owe interest. This will be simple interest calculated from August 15, 2023, at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before August 14, 2023, then starting August 15, 2023, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that 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 Landlords on or after August 15, 2023. August 3, 2023 Date Issued Sheena Brar Member, Landlords 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 February 15, 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-025367-23 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 August 14, 2023 2023 ONLTB 54144 (CanLII) Rent Owing To August 31, 2023 $17,100.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlords 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 Landlords 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 $17,286.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $13,274.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlords 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 - $2,850.00 Less the amount of the interest on the last month's rent deposit - $69.10 Less the amount the Landlords 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 Landlords $10,540.90 Plus daily compensation owing for each day of occupation starting $93.70 July 21, 2023 (per day) Order Page 4 of 4