LTB Order LTB-L-031659-22

2023 ONLTB 18947 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: G. N.-Profit H. C. v P., 2023 ONLTB 18947 Date: 2023-02-09 File Number: LTB-L-031659-22 In the matter of: 302-150 Imperial Road North G., ON N1H 8J9 Between: G.N.P.H.C. Landlord And K.P. Tenants Richard Ebel G. N.-Profit H. C. (the 'Landlord') applied for an order to terminate the tenancy and evict K.P. and Richard Ebel (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 30, 2023. The Landlord’s agent Julie Curran and the Tenants attended the hearing. 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 $955.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $31.40. This amount is calculated as follows: $955.00 x 12, divided by 365 days. 5. The Tenants have paid $747.00 to the Landlord since the application was filed. 6. The rent arrears owing to January 31, 2023 are $9,966.00. Order Page: 1 of 4  File Number: LTB-L-031659-22 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. The parties came before me and on consent requested a standard order extended until 2023 ONLTB 18947 (CanLII) February 28, 2023 in order for the Tenants to seek to get their rent gear-to-income subsidy reinstated. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until February 28, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 11. The tenancy between the Landlord and the Tenants is terminated unless the Tenants void this order. 12. The Tenants may void this order and continue the tenancy by paying to the Landlord: 1. $11,107.00 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. 13. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants has paid the full amount owing as ordered plus any additional rent that became due after February 28, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 14. 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 28, 2023. 15. If the Tenants do not void the order, the Tenants shall pay to the Landlord $10,139.00. 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. 16. The Tenants shall also pay the Landlord compensation of $31.40 per day for the use of the unit starting January 31, 2023 until the date the Tenants move out of the unit. 17. If the Tenants do not pay the Landlord the full amount owing on or before February 20, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 21, 2023 at 5.00% annually on the balance outstanding. 18. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 19. If the unit is not vacated on or before February 28, 2023, then starting March 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page: 2 of 4  File Number: LTB-L-031659-22 20. 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 1, 2023. February 9, 2023 ____________________________ D ate Issued Jagger Benham 2023 ONLTB 18947 (CanLII) 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 September 1, 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-031659-22 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 28, 2023 2023 ONLTB 18947 (CanLII) Rent Owing To February 28, 2023 $11,668.00 Application Filing Fee $186.00 Less the amount the Tenants paid to the Landlord since the - $747.00 application was filed Total the Tenants must pay to continue the tenancy $11,107.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $10,700.00 Application Filing Fee $186.00 Less the amount the Tenants paid to the Landlord since the - $747.00 application was filed Total amount owing to the Landlord $10,139.00 Plus daily compensation owing for each day of occupation starting $31.40 January 31, 2023 (per day) Order Page: 4 of 4