LTB Order LTB-L-036895-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: 2-12 Kingston Residences Corp v W., 2023 ONLTB 21883 2023 ONLTB 21883 (CanLII) Date: 2023-03-01 File Number: LTB-L-036895-22 In the matter of: 34, 4 KINGSTON RD TORONTO ON M4L1S4 Between: 2-12 Kingston Residences Corp Landlord And L.W. Tenants Sean W. 2-12 Kingston Residences Corp (the 'Landlord') applied for an order to terminate the tenancy and evict L.W. and Sean W. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on February 13, 2023. Only the Landlord’s representative, Carrie Aylwin attended the hearing. As of 9:54 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 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 $1,138.62. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $37.43. This amount is calculated as follows: $1,138.62 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 February 28, 2023 are $12,274.89. Order Page: 1 of 4  File Number: LTB-L-036895-22 7. The Landlord is entitled to $60.00 to reimburse the Landlord for administration charges and $15.00 for bank fees the Landlord incurred as a result of 0 cheque given by or on behalf of the Tenant which was returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to 2023 ONLTB 21883 (CanLII) reimbursement of those costs. 9. The Landlord collected a rent deposit of $925.00 from the Tenants and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 10. Interest on the rent deposit, in the amount of $102.70 is owing to the Tenants for the period from November 18, 2015 to February 13, 2023. 11. 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 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. 12. 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. 13. The Landlord’s representative submitted that when the N4 was served, the Landlord sent the Tenants a repayment plan and community resources to assist the Tenant in paying the arrears. When the L1/L9 update sheet was served, the Landlord also send another repayment plan with the updated arrears. The was no response from the Tenant on both occasions. I am satisfied the Landlord met their obligation to attempt to negotiate a repayment plan with the Tenants. 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:  $13,674.51 if the payment is made on or before March 12, 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 March 12, 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 March 12, 2023 Order Page: 2 of 4  File Number: LTB-L-036895-22 5. If the Tenants do not void the order, the Tenant shall pay to the Landlord $10,856.16. 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 Tenants. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 21883 (CanLII) 6. The Tenants shall also pay the Landlord compensation of $37.43 per day for the use of the unit starting February 14, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before March 12, 2023, the Tenants will start to owe interest. This will be simple interest calculated from March 13, 2023 at 5.00% annually on the balance outstanding. 8. The Landlord or the Tenants 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 March 12, 2023, then starting March 13, 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 March 13, 2023. March 1, 2023 Date Issued Camille Clyne 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 September 13, 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 4  File Number: LTB-L-036895-22 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 March 12, 2023 2023 ONLTB 21883 (CanLII) Rent Owing To March 31, 2023 $13,413.51 Application Filing Fee $186.00 NSF Charges $75.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Total the Tenant must pay to continue the tenancy $13,674.51 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,622.86 Application Filing Fee $186.00 NSF Charges $75.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount of the last month's rent deposit - $925.00 Less the amount of the interest on the last month's rent deposit - $102.70 Total amount owing to the Landlord $10,856.16 Plus daily compensation owing for each day of occupation starting $37.43 February 14, 2023 (per day) Order Page: 4 of 4