LTB Order LTB-L-034112-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: M.C. v Neli Shymul, 2023 ONLTB 32724 2023 ONLTB 32724 (CanLII) Date: 2023-04-24 File Number: LTB-L-034112-22 In the matter of: 2203, 400 LYLE ST LONDON ON N5W0B9 Between: M.C. Landlord And A.A. Tenant Karam S Kutkut, Min-ah Suh Neli Shymul M.C. (the 'Landlord') applied for an order to terminate the tenancy and evict A. Alkurdi, Karam S Kutkut, Min-ah Suh and Neli Shymul (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 12, 2023. Only the Landlord attended the hearing. As of 1:35pm, 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 $2,049.30. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $67.37. This amount is calculated as follows: $2,049.30 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 April 30, 2023 are $48,794.40. The total amount owing for rent by the Tenants to the Landlord thus currently exceeds the Board’s jurisdictional limit of $35,000.00, with the balance being waived by the Landlords on this application. Order Page: 1 of 5  File Number: LTB-L-034112-22 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 32724 (CanLII) 8. There is no last month's rent deposit. Section 83 9. Section 83 requires that I consider all the circumstances, including the Tenants’ and the Landlord’s situations to determine if it would be appropriate to grant section 83 relief from eviction. 10. The Landlord’s representative advised she has not been made aware of any children living in the rental unit and that the Landlord has tried to reach out to the Tenants regarding a repayment plan, without success. There are substantial arrears owing and the Tenants did not attend the hearing, and thus did not provide any evidence that may be relevant to my determination under s. 83. 11. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (RTA), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the 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 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:  $48,980.40 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $51,029.70 if the payment is made on or before May 5, 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 May 5, 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 Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before May 5, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $35,000.00 which represents the maximum jurisdictional amount for rent owing and compensation. Order Page: 2 of 5  File Number: LTB-L-034112-22 6. If the unit is not vacated on or before May 5, 2023, then starting May 6, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 7. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant 2023 ONLTB 32724 (CanLII) possession of the unit to the Landlord on or after May 6, 2023. April 24, 2023 Date Issued Peter Nicholson 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 November 6, 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 5  File Number: LTB-L-034112-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before April 30, 2023 2023 ONLTB 32724 (CanLII) Rent Owing To April 30, 2023 $48,794.40 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 $48,980.40 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 5, 2023 Rent Owing To May 31, 2023 $50,843.70 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 $51,029.70 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $47,553.54 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 - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-034112-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $35,000.00 the maximum jurisdictional amount for rent 2023 ONLTB 32724 (CanLII) owing and compensation Order Page: 5 of 5