LTB Order LTB-L-034615-22

2023 ONLTB 19205 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: S. v S., 2023 ONLTB 19205 Date: 2023-02-08 File Number: LTB-L-034615-22 In the matter of: 711, 9 GEORGE ST N BRAMPTON ON L6X0T6 Between: F.S.A.K.S. L. A. E. S. A. M. B. Tenants F.S.A.K.S. (the 'L.') applied for an order to terminate the tenancy A. evict E. S. A. M. B. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The L. also claimed charges related to NSF cheques. (L1 application) This L1 application was heard by videoconference on February 1, 2023. Only the L. A. the L.’ Agent, Bernard S., attended the hearing. As of 2:16 pm, 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 L.’ evidence. 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 L1 application was filed. 2. As of the hearing date, the Tenants were still in possession of the rental unit. 3. The monthly rent is $1,400.00. It is due on the 1st day of each month. Order Page: 1 of 4  File Number: LTB-L-034615-22 4. Based on the monthly rent, the daily rent/compensation is $46.03. This amount is calculated as follows: $1,400.00 x 12, divided by 365 days. 5. Based on the L.’ update sheet/declaration, the Tenants have paid $1,500.00 to the L. since the L1 application was filed. 2023 ONLTB 19205 (CanLII) 6. After accounting for the amount the Tenants have paid (paragraph 5 above), the rent arrears owing to February 28, 2023 are $12,500.00. 7. The L. are entitled to $30.00 to reimburse the L. for administration charges/bank fees the L. incurred as a result of 2 cheques given by or on behalf of the Tenants which were returned NSF (exhibit LL#1 led into evidence by the L.). 8. The L. incurred costs of $186.00 for filing the application A. are entitled to reimbursement of those costs. 9. There is no last month's rent deposit. 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 Landlord 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. 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: • $12,716.00 if the payment is made on or before February 19, 2023. See Schedule 1A 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 19, 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 19, 2023 5. If the Tenants do not void this order, the Tenants shall pay to the Landlord $11,362.03. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application A. unpaid NSF charges. See Schedule 1B for the calculation of the amount owing. 6. The Tenants shall also pay the L. daily compensation of $46.03 per day for the use of the unit starting February 2, 2023 until the date the Tenants move out of the unit. Order Page: 2 of 4  File Number: LTB-L-034615-22 7. If the Tenants do not pay the L. the full amount owing on or before February 19, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 20, 2023 at 5.00% annually on the balance outstanding. 8. The L. or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 2023 ONLTB 19205 (CanLII) 9. If the unit is not vacated on or before February 19, 2023, then starting February 20, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. 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 February 20, 2023. February 8, 2023 _________ Date Issued Alex Brkic 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 August 20, 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 3 of 4  File Number: LTB-L-034615-22 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 February 19, 2023 2023 ONLTB 19205 (CanLII) Rent Owing To February 28, 2023 $14,000.00 Application Filing Fee $186.00 NSF Charges (2 cheques) $30.00 Less the amount the Tenant paid to the Landlord since the - $1,500.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Total the Tenant must pay to continue the tenancy $12,716.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date (Feb 1/2023) $12,646.03 Application Filing Fee $186.00 NSF Charges (2 cheques) $30.00 Less the amount the Tenant paid to the Landlord since the - $1,500.00 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 - $0.00 Total amount owing to the Landlord $11,362.03 Plus daily compensation owing for each day of occupation starting $46.03 February 2, 2023 (per day) Order Page: 4 of 4