LTB Order LTB-L-029428-23

2023 ONLTB 68907 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: W. v K., 2023 ONLTB 68907 Date: 2023-10-19 File Number: LTB-L-029428-23 In the matter of: 614, 120 VARNA DR NORTH YORK ON M6A0B3 Between: L.W. Landlord A. I.K.A.C.K. Tenant L.W. (the 'Landlord') applied for an order to terminate the tenancy A. evict I. K. A. C. K. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on October 11, 2023. The Landlord A. the Tenants attended the hearing. Determinations: 1. The Landlord 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 $2,300.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $75.62. This amount is calculated as follows: $2,300.00 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 November 7, 2023 are $21,850.00. Order Page 1 of 5  File Number: LTB-L-029428-23 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 $2,200.00 from the Tenant 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. 2023 ONLTB 68907 (CanLII) 9. Interest on the rent deposit, in the amount of $77.78 is owing to the Tenant for the period from November 5, 2021 to October 11, 2023. 10. 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 November 15, 2023, pursuant to subsection 83(1)(b) of the Act. The Tenants offered a payment plan but their payment history, after the application was filed, shows no payments were made. The Tenants started a new business but there was no evidence to substantiate their income source A. that they have the means to pay rent A. the arrears to preserve this tenancy. The landlord also started due legal process back in November 2022 A. the tenants have had ample time to sort out their finances. The Landlord is not opposed to extend the termination date to November 15 to give the Tenants additional time to find alternate accommodations. It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $22,036.00 if the payment is made on or before November 7, 2023. See Schedule 1 for the calculation of the amount owing. OR • $24,336.00 if the payment is made on or before November 15, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after November 15, 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 Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before November 15, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $17,760.70. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the Order Page 2 of 5  File Number: LTB-L-029428-23 application. The rent deposit A. interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $75.62 per day for the use of the unit starting October 12, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 68907 (CanLII) 7. If the Tenant does not pay the Landlord the full amount owing on or before October 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from October 31, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 15, 2023, then starting November 16, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. 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 November 16, 2023. October 19, 2023 ____________________________ Date Issued Sandra Macchione 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 May 16, 2024 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-029428-23 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before November 7, 2023 2023 ONLTB 68907 (CanLII) Rent Owing To November 7, 2023 $21,850.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 Landlord 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 $22,036.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before November 15, 2023 Rent Owing To December 7, 2023 $24,150.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 Landlord 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 $24,336.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $19,852.48 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 - $2,200.00 Less the amount of the interest on the last month's rent deposit - $77.78 Order Page 4 of 5  File Number: LTB-L-029428-23 Less the amount the Landlord 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 Landlord $17,760.70 Plus daily compensation owing for each day of occupation starting $75.62 2023 ONLTB 68907 (CanLII) October 12, 2023 (per day) Order Page 5 of 5