LTB Order LTB-L-027011-22

2023 ONLTB 17851 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: 2361475 Ontario Limited - T and T Apartments v Carnduff, 2023 ONLTB 17851 Date: 2023-01-30 File Number: LTB-L-027011-22 In the matter of: 2, 559 MUSKOKA RD 3 N HUNTSVILLE ON P1H1C9 Between: 2361475 Ontario Limited - T and T Landlord Apartments And Athena Briggs, Kyle Carnduff and Nevaeh Tenants Carnduff 2361475 Ontario Limited - T and T Apartments (the 'Landlord') applied for an order to terminate the tenancy and evict Athena Briggs, Kyle Carnduff and Nevaeh Carnduff (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 17, 2023. Only the Landlord’s legal representative, M. Sturino, attended the hearing. As of 10:00 a.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 $1,555.95. It is due on the 1st day of each month. Order Page: 1 of 5  File Number: LTB-L-027011-22 4. Based on the Monthly rent, the daily rent/compensation is $51.15. This amount is calculated as follows: $1,555.95 x 12, divided by 365 days. 5. The Tenants have paid $9,934.00 to the Landlord since the application was filed. 6. The rent arrears owing to January 31, 2023 are $4,525.95. 2023 ONLTB 17851 (CanLII) 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,500.00 from the Tenants and 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 $19.75 is owing to the Tenants for the period from January 1, 2021 to January 17, 2023. 10. The Landlord’s legal representative said that the Landlord made at least three attempts to discuss the arrears with the Tenants. She said that the Landlord first contacted the Tenants by phone on April 21, 2022, and they did not respond to the call. She said that there were two further attempts by letter, on September 21, 2022, and on January 9, 2022, to discuss the arrears with the Tenants. There was no response to these attempts to negotiate. 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 Landlord attempted to negotiate a repayment agreement with the Tenants, and I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. In particular, the Tenants have failed to respond to at least three attempts by the Landlord to negotiate, and they have not paid the rent on time and in full for a number of months. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $4,711.95 if the payment is made on or before January 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $6,267.90 if the payment is made on or before February 10, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 5  File Number: LTB-L-027011-22 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 February 10, 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 2023 ONLTB 17851 (CanLII) move out of the rental unit on or before February 10, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $2,505.80. 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 Landlord 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 Landlord compensation of $51.15 per day for the use of the unit starting January 18, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before February 10, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 11, 2023 at 5.00% annually on the balance outstanding. 8. The Landlord 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 February 10, 2023, then starting February 11, 2023, the Landlord 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 Landlord on or after February 11, 2023. January 30, 2023 ____________________________ Date Issued Nancy Morris Member, Landlord 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 August 11, 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. Schedule 1 SUMMARY OF CALCULATIONS Order Page: 3 of 5  File Number: LTB-L-027011-22 A. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before January 31, 2023 Rent Owing To January 31, 2023 $14,459.95 Application Filing Fee $186.00 NSF Charges $0.00 2023 ONLTB 17851 (CanLII) Less the amount the Tenants paid to the Landlord since the - $9,934.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes 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 $4,711.95 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before February 10, 2023 Rent Owing To February 28, 2023 $16,015.90 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $9,934.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes 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 $6,267.90 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $13,773.55 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $9,934.00 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 - $1,500.00 Less the amount of the interest on the last month's rent deposit - $19.75 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Order Page: 4 of 5  File Number: LTB-L-027011-22 Total amount owing to the Landlord $2,505.80 Plus daily compensation owing for each day of occupation starting $51.15 January 18, 2023 (per day) 2023 ONLTB 17851 (CanLII) Order Page: 5 of 5