LTB Order LTB-L-032464-23

2023 ONLTB 66370 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: T. v T., 2023 ONLTB 66370 Date: 2023-10-03 File Number: LTB-L-032464-23 In the matter of: MAIN, 1340 MARENTETTE AVE WINDSOR ON N8X4C8 Between: A.T.A.V.D. L. A. K. T. A. S. F. Tenants A.T.A.V.D. (the 'L.') applied for an order to terminate the tenancy A. evict K. T. A. S. F. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on August 17, 2023. The L.'s Legal Representative, Trevor Scheib, A. the Tenant S. Faubert attended the hearing. Determinations: 1. The L. 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 was still in possession of the rental unit. 3. The lawful rent is $1,450.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $47.67. This amount is calculated as follows: $1,450.00 x 12, divided by 365 days. 5. The Tenants have not made any payments since the application was filed. Order Page 1 of 4  File Number: LTB-L-032464-23 6. The rent arrears owing to August 31, 2023 are $8,700.00. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $1,450.00 from the Tenants A. this deposit is still 2023 ONLTB 66370 (CanLII) being held by the L.. 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 $41.02 is owing to the Tenants for the period from July 1, 2022 to August 17, 2023. 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 A. whether the L. attempted to negotiate a repayment agreement with the Tenants A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. At the hearing the Tenant disputed the arrears because the Housing Stability Program had made a payment on her behalf on March 31, 2023; the Tenant was required to provide post-hearing submissions with proof of this payment A. if a payment plan was required, what her proposal was. In her post-hearing submission, the Tenant advised that the payment had not been made because they determined she was not able to sustain the tenancy. The Tenant request to have until October 1, 2023 to vacate as she could not afford a repayment plan because of the passing of her husband. The L.'s Legal Representative did not submit a reply. As this order is being written past the date requested, it is being done as a standard voidable order. 11. Any payments made since the hearing date shall be deducted off the below amounts. It is ordered that: 1. The tenancy between the L. 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 L. or to the LTB in trust: • $11,786.00 if the payment is made on or before October 14, 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 October 14, 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 October 14, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the L. $6,755.37. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the Order Page 2 of 4  File Number: LTB-L-032464-23 application. The rent deposit A. interest the L. 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 L. compensation of $47.67 per day for the use of the unit starting August 18, 2023 until the date the Tenants moves out of the unit. 2023 ONLTB 66370 (CanLII) 7. If the Tenants do not pay the L. the full amount owing on or before October 14, 2023, the Tenants will start to owe interest. This will be simple interest calculated from October 15, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before October 14, 2023, then starting October 15, 2023, the L. 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 L. on or after October 15, 2023. October 3, 2023 ____________________________ Date Issued Diane Wade Member, L. A. Tenants 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 April 15, 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 4  File Number: LTB-L-032464-23 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 October 14, 2023 2023 ONLTB 66370 (CanLII) Rent Owing To October 31, 2023 $11,600.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. 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 L. owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $11,786.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $8,060.39 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. 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 - $1,450.00 Less the amount of the interest on the last month's rent deposit - $41.02 Less the amount the L. owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the L. $6,755.37 Plus daily compensation owing for each day of occupation starting $47.67 August 18, 2023 (per day) Order Page 4 of 4