LTB Order LTB-L-026871-22

2023 ONLTB 19386 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: HXM Eternal Inc v F., 2023 ONLTB 19386 Date: 2023-02-13 File Number: LTB-L-026871-22 In the matter of: 11 1/2 HIAWATHA ST ST THOMAS ON N5P2S8 Between: HXM Eternal Inc Landlord A. J.Y.A.K.F. Tenants HXM Eternal Inc (the 'Landlord') applied for an order to terminate the tenancy A. evict J. Y. A. K. F. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 16, 2023. Only the Landlord’s Agents Hong Hai Zhang A. Xiumei Zheng attended the hearing. As of 1:56 p.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 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. 2. As of the hearing date, the Tenants were still in possession of the rental unit. 3. The lawful rent is $1,600.00. It is due on the 1st day of each month. Order Page: 1 of 4  File Number: LTB-L-026871-22 4. Based on the Monthly rent, the daily rent/compensation is $52.60. This amount is calculated as follows: $1,600.00 x 12, divided by 365 days. 5. The Tenants have paid $14,000.00 to the Landlord since the application was filed. 6. The rent arrears owing to January 31, 2023 are $1,525.00. 2023 ONLTB 19386 (CanLII) 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,600.00 from the Tenants A. 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. Interest on the rent deposit, in the amount of $57.67 is owing to the Tenants for the period from January 31, 2021 to January 16, 2023. 10. The Landlord’s Agents testified that they spoke with the Tenants on January 1, 2023 A. handed them the L1/L9 Update sheet A. confirmed the hearing date. The Tenants indicated that they would pay the outstanding arrears. They have made substantial payments toward the arrears. 11. The Landlord’s Agents testified that the Tenants have young children. 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 not be unfair to postpone the eviction until March 24, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 1. The tenancy between the Landlord 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 Landlord or to the LTB in trust: • $3,311.00 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR • $4,911.00 if the payment is made on or before March 24, 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 March 24, 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 4  File Number: LTB-L-026871-22 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 March 24, 2023 5. As of the date of the hearing, the amount of the rent deposit A. interest the Landlord owes on the rent deposit exceeds the arrears of rent, compensation A. the cost of filing the application the Landlord is entitled to by $705.07. See Schedule 1 for the calculation of 2023 ONLTB 19386 (CanLII) the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenants $52.60 per day for compensation for the use of the unit starting January 17, 2023 until the date the Tenants move out of the unit. 6. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 7. If the unit is not vacated on or before March 24, 2023, then starting March 25, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 8. 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 March 25, 2023. February 13, 2023 ____________________________ Date Issued Margo den Haan 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 September 25, 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-026871-22 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 February 28, 2023 2023 ONLTB 19386 (CanLII) Rent Owing To February 28, 2023 $17,125.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $14,000.00 application was filed Total the Tenants must pay to continue the tenancy $3,311.00 B. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before March 24, 2023 Rent Owing To March 31, 2023 $18,725.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $14,000.00 application was filed Total the Tenants must pay to continue the tenancy $4,911.00 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $14,766.60 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $14,000.00 application was filed Less the amount of the last month's rent deposit - $1,600.00 Less the amount of the interest on the last month's rent deposit - $57.67 Total amount owing to the Landlord $(705.07) Plus daily compensation owing for each day of occupation starting $52.60 January 17, 2023 (per day) Order Page: 4 of 4