LTB Order LTB-L-036804-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Ranee Management v M., 2023 ONLTB 19852 2023 ONLTB 19852 (CanLII) Date: 2023-02-14 File Number: LTB-L-036804-22 In the matter of: 44, 23 VALLEY WOODS RD NORTH YORK ON M3A2R4 Between: Ranee Management Landlord And M.M. Tenants Tahera M. Ranee Management (the 'Landlord') applied for an order to terminate the tenancy and evict M.M. and Tahera M. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on February 1, 2023. Only the Landlord’s representative, Ilana Glickman attended the hearing. As of 9:52 a.m., 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 Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant 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 Tenant was still in possession of the rental unit. 3. The lawful rent is $1,899.85. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $62.46. This amount is calculated as follows: $1,899.85 x 12, divided by 365 days. 5. The Tenant has paid $9,400.00 to the Landlord since the application was filed. 6. The rent arrears owing to February 28, 2023 are $8,329.90. Order Page: 1 of 6  File Number: LTB-L-036804-22 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,899.85 from the Tenant and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of 2023 ONLTB 19852 (CanLII) the tenancy if the tenancy is terminated. The interest on the rent deposit has been paid up to December 31, 2022. 9. As noted, the Tenant did not attend the hearing of this matter and thus I did not have the opportunity to hear their evidence regarding their circumstances. or to dispute the Landlord’s application for an eviction order. 10. At the hearing, the Landlord presented a payment plan that the Tenants had consented to that would last in duration until August 2023. With the Tenants not being present at the hearing I was unable to hear circumstances with respect to the Tenants’ financial circumstances and issuing the payment plan. I am satisfied the Landlord met their obligation to attempt to negotiate a repayment plan with the Tenant. 11. The Landlord’s representative agreed to delay the eviction to August 31, 2023 and work with the Tenants paying the arrears as they are long term and had made significant ongoing payments towards the arrears. 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 August 31, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust:  $8,515.90 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR  $10,415.75 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $12,315.60 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR Order Page: 2 of 6  File Number: LTB-L-036804-22  $14,215.45 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. OR 2023 ONLTB 19852 (CanLII)  $16,115.30 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $18,015.15 if the payment is made on or before July 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $19,915.00 if the payment is made on or before August 31, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after August 31, 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 Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before August 31, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $4,778.66. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $62.46 per day for the use of the unit starting February 2, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before August 31, 2023, the Tenant will start to owe interest. This will be simple interest calculated from September 1, 2023 at 5.00% annually on the balance outstanding. 8. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before August 31, 2023, then starting September 1, 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 September 1, 2023. Order Page: 3 of 6  File Number: LTB-L-036804-22 February 14, 2023 Date Issued Camille Clyne Member, Landlord and Tenant Board 2023 ONLTB 19852 (CanLII) 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 26, 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: 4 of 6  File Number: LTB-L-036804-22 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 February 25, 2023 2023 ONLTB 19852 (CanLII) Rent Owing To February 28, 2023 $17,729.90 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,400.00 application was filed Total the Tenant must pay to continue the tenancy $8,515.90 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before March 31, 2023 Rent Owing To March 31, 2023 $19,629.75 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,400.00 application was filed Total the Tenant must pay to continue the tenancy $10,415.75 C. 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 Rent Owing To April 30, 2023 $21,529.60 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,400.00 application was filed Total the Tenant must pay to continue the tenancy $12,315.60 D. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $23,429.45 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,400.00 application was filed Total the Tenant must pay to continue the tenancy $14,215.45 E. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before June 30, 2023 Order Page: 5 of 6  File Number: LTB-L-036804-22 Rent Owing To June 30, 2023 $25,329.30 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,400.00 application was filed 2023 ONLTB 19852 (CanLII) Total the Tenant must pay to continue the tenancy $16,115.30 F. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before July 31, 2023 Rent Owing To July 31, 2023 $27,229.15 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,400.00 application was filed Total the Tenant must pay to continue the tenancy $18,015.15 G. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before August 31, 2023 Rent Owing To August 31, 2023 $29,129.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,400.00 application was filed Total the Tenant must pay to continue the tenancy $19,915.00 H. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $15,892.51 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,400.00 application was filed Less the amount of the last month's rent deposit - $1,899.85 Less the amount of the interest on the last month's rent deposit - $0.00 Total amount owing to the Landlord $4,778.66 Plus daily compensation owing for each day of occupation starting $62.46 February 2, 2023 (per day) Order Page: 6 of 6