LTB Order LTB-L-026088-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 15346 (CanLII) Citation: S. v S., 2023 ONLTB 15346 Date: 2023-01-12 File Number: LTB-L-026088-22 In the matter of: BASEMENT APARTMENT #1, 2 TRILLIUM CRT BRAMPTON ON L6S3L8 Between: G.G.A.H.S. L. A. G. S. A. R. S. Tenant G.G.A.H.S. (the 'L.') applied for an order to terminate the tenancy A. evict G. S. A. R. S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 4, 2023 at 1:00 p.m. The L. A. the Tenants, G. S. A. Jasmin Kaur attended the hearing. After an initial meeting with the Dispute Resolution Officer the Tenants disconnected from the hearing at 3:20 p.m. subsequently the Tenants 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 at 5:35 p.m. with only the L.'s evidence. Determinations: 1. The L. 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. 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $1,400.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $46.03. This amount is calculated as follows: $1,400.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to January 31, 2023 are $14,00.00.  Order Page: 1 of 4 2023 ONLTB 15346 (CanLII)  File Number: LTB-L-026088-22 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $1,400.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit can only be applied to the last rental period of 2023 ONLTB 15346 (CanLII) the tenancy if the tenancy is terminated. 9. 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 A. whether the L. attempted to negotiate a repayment agreement with the Tenants} A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. As the Tenants disconnected from the meeting before the hearing began, they did not present evidence or submissions in support of granting relief from eviction A. no circumstances were disclosed at the hearing or appeared in the Board file. 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:  $14,186.00 if the payment is made on or before January 23, 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 23, 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 Tenants must move out of the rental unit on or before January 23, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the L. $12,970.12. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the L. 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 L. compensation of $46.03 per day for the use of the unit starting January 5, 2023 until the date the Tenant moves out of the unit. 7. If the Tenants do not pay the L. the full amount owing on or before January 23, 2023, the Tenants will start to owe interest. This will be simple interest calculated from January 24, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before January 23, 2023, then starting January 24, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page: 2 of 5  File Number: LTB-L-026088-22 9. 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 January 24, 2023. 2023 ONLTB 15346 (CanLII) January 12, 2023 Date Issued Peter Pavlovic Member, L. 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 July 24, 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 5  File Number: LTB-L-026088-22 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 23, 2023 2023 ONLTB 15346 (CanLII) Rent Owing To January 31, 2023 $14,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. 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 $14,186.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $14,184.12 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 - $1,400.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the L. 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 L. $12,970.12 Plus daily compensation owing for each day of occupation starting $46.03 January 5, 2023 (per day) Order Page: 4 of 5