LTB Order LTB-L-027915-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: R. v Wu (also K. as ng), 2023 ONLTB 18406 2023 ONLTB 18406 (CanLII) Date: 2023-02-08 File Number: LTB-L-027915-22 In the matter of: UNIT 201, 414 DUNDAS STREET, WEST TORONTO ON M5T1G7 Between: J.N.R. Landlord And A.A.K.A.A.A. Tenants Marcoux and Etta Zhuolin (also K. as Chok Lam) Wu J.N.R. (the 'Landlord') applied for an order to terminate the tenancy and evict A. (also K. as Andi) A. Marcoux and Etta Zhuolin (also K. as Chok Lam) Wu (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, J. Situ, attended the hearing. As of 2:00 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 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 $1,000.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $32.88. This amount is calculated as follows: $1,000.00 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 $11,000.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 4  File Number: LTB-L-027915-22 8. There is no last month's rent deposit. 9. The Landlord’s legal representative said that when the Landlord served the N4 notice of termination in April 2022, they suggested a payment plan proposal. There was no response. They also said that they sent a communication in November 2022, suggesting a payment plan, and the Tenants did not respond. Finally, the Landlord’s legal 2023 ONLTB 18406 (CanLII) representative said that the Landlord’s evidence book was sent to the Tenants on January 3, 2023, with a payment plan proposal, and there was a follow up call, but there was no response. The Landlord now requests a standard termination order. 10. 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 not responded to multiple attempts to negotiate a payment plan for the arrears, and they have made no payment at all since the Landlord filed the application in May 2022. The arrears are now substantial, and it is prejudicial to the Landlord for the tenancy to continue. 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:  $12,186.00 if the payment is made on or before February 19, 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 February 19, 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 February 19, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $10,744.96. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $32.88 per day for the use of the unit starting January 18, 2023 until the date the Tenant moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before February 19, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 20, 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. Order Page: 2 of 4  File Number: LTB-L-027915-22 9. If the unit is not vacated on or before February 19, 2023, then starting February 20, 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 2023 ONLTB 18406 (CanLII) possession of the unit to the Landlord on or after February 20, 2023. February 8, 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 20, 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-027915-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before February 19, 2023 2023 ONLTB 18406 (CanLII) Rent Owing To February 28, 2023 $12,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 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 $12,186.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $10,558.96 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 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 Total amount owing to the Landlord $10,744.96 Plus daily compensation owing for each day of occupation starting $32.88 January 18, 2023 (per day) Order Page: 4 of 4