LTB Order LTB-L-032864-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Eswaranantham v M., 2023 ONLTB 18686 2023 ONLTB 18686 (CanLII) Date: 2023-02-07 File Number: LTB-L-032864-22 In the matter of: 30 PEREGRINE GROVE BRAMPTON ON L6S4B6 Between: C.L. Landlords Gowsika Eswaranantham And S.M. Tenants Wayne Huestis C.L. and Gowsika Eswaranantham (the 'Landlords') applied for an order to terminate the tenancy and evict S.M. and Wayne Huestis (the 'Tenants') because the Tenants did not pay the rent that the Tenant owes. This application was heard by videoconference on January 31, 2023. Only the Landlords’ Representative, Jenny Xizhen Chai, attended the hearing. As of 10:04am, 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 Landlords’ evidence. Determinations: 1. The Landlords 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 $1,800.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $59.18. This amount is calculated as follows: $1,800.00 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 $27,000.00. 7. The Landlords 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-032864-22 8. There is no last month's rent deposit. 9. 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 Landlords attempted to negotiate a repayment agreement with the 2023 ONLTB 18686 (CanLII) Tenants, and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. The tenancy between the Landlords 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 Landlords or to the LTB in trust:  $28,986.00 if the payment is made on or before February 18, 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 18, 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 18, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlords $27,186.00. 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. 6. The Tenants shall also pay the Landlords compensation of $59.18 per day for the use of the unit starting February 1, 2023, until the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlords the full amount owing on or before February 18, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 19, 2023, at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before February 18, 2023, then starting February 19, 2023, the Landlords 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 Landlords on or after February 19, 2023. February 7, 2023 Date Issued Robert Brown Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 Order Page: 2 of 4  File Number: LTB-L-032864-22 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 19, 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. 2023 ONLTB 18686 (CanLII) Order Page: 3 of 4  File Number: LTB-L-032864-22 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 18, 2023 2023 ONLTB 18686 (CanLII) Rent Owing To February 28, 2023 $28,800.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlords since the - $0.00 application was filed Less the amount of the credit that the Tenants are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $28,986.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $27,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlords 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 Total amount owing to the Landlords $27,186.00 Plus daily compensation owing for each day of occupation starting $59.18 February 1, 2023 (per day) Order Page: 4 of 4