LTB Order LTB-L-025700-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Jameel v M., 2023 ONLTB 15218 2023 ONLTB 15218 (CanLII) Date: 2023-01-20 File Number: LTB-L-025700-22 In the matter of: 48 Water Street Penetanguishene ON L9M1M9 Between: A.J.M.S.A. L. S. Y. A. D. M. A. R. F. Tenants A.J.M.S.A. S. Y. (the 'L.') applied for an order to terminate the tenancy A. evict D. M. A. R. F. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 5, 2023. The Landlords A. one of the Tenants, D. M. (DM) attended the hearing. Determinations: 1. The L. 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 $2,200.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $72.33. This amount is calculated as follows: $2,200.00 x 12, divided by 365 days. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to January 31, 2023 are $24,200.00. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. The Landlords requested an order for eviction. Order Page: 1 of 4  File Number: LTB-L-025700-22 10. DM testified that they were not in a position to pay the arrears or ongoing rent, A. understood that the Tenants would have to move out of the unit. She further testified that the Tenants did not require any additional time to move out of the unit, as they had arranged for a place to stay. 2023 ONLTB 15218 (CanLII) 11. 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. It is ordered that: 1. The tenancy between the L. 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 L. or to the LTB in trust:  $24,386.00 if the payment is made on or before January 31, 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 Tenants have paid the full amount owing as ordered plus any additional rent that became due after January 31, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 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 January 31, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the L. $22,547.65. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the L. compensation of $72.33 per day for the use of the unit starting January 6, 2023 until the date the Tenants moves out of the unit. 7. If the Tenants do not pay the L. the full amount owing on or before January 31, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 1, 2023 at 2.00% annually on the balance outstanding. 8. The L. or the Tenants 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 January 31, 2023, then starting February 1, 2023, the L. 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 L. on or after February 1, 2023. Order Page: 2 of 4  File Number: LTB-L-025700-22 January 20, 2023 Date Issued Kathleen Wells Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor 2023 ONLTB 15218 (CanLII) 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 August 1, 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 4  File Number: LTB-L-025700-22 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 January 31, 2023 2023 ONLTB 15218 (CanLII) Rent Owing To January 31, 2023 $24,200.00 Application Filing Fee $186.00 Total the Tenants must pay to continue the tenancy $24,386.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $22,361.65 Application Filing Fee $186.00 Total amount owing to the L. $22,547.65 Plus daily compensation owing for each day of occupation starting $72.33 January 6, 2023 (per day) Order Page: 4 of 4