LTB Order LTB-L-038152-22

2023 ONLTB 21540 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: D. v F., 2023 ONLTB 21540 Date: 2023-02-27 File Number: LTB-L-038152-22 In the matter of: 92 DAYLILY LANE KITCHENER ON N2R0L7 Between: A.D. Landlords Shruti Kant And R.F. Tenants Sherry-lynn F. A.D. and Shruti Kant (the 'Landlords') applied for an order to terminate the tenancy and evict R.F. and Sherry-lynn F. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on February 14, 2023. Only the Landlord A.D. and the Landlords’ Legal Representative C.J. Mitchell attended the hearing. As of 1:29 p.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 Landlords’ evidence. Determinations: 1. The Landlords 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 application was filed. 2. As of the hearing date, the Tenants were still in possession of the rental unit. Order Page: 1 of 5  File Number: LTB-L-038152-22 3. The lawful rent is $2,300.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $75.62. This amount is calculated as follows: $2,300.00 x 12, divided by 365 days. 5. The Tenants have not made any payments since the application was filed. 2023 ONLTB 21540 (CanLII) 6. The rent arrears owing to February 28, 2023 are $20,700.00. 7. The Landlords incurred costs of $186.00 for filing the application and are entitled to reimbursement of those costs. 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 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: • $20,886.00 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR • $23,186.00 if the payment is made on or before March 10, 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 has paid the full amount owing as ordered plus any additional rent that became due after March 10, 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 10, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlords $19,644.68. 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 $75.62 per day for the use of the unit starting February 15, 2023 until the date the Tenants move out of the unit. Order Page: 2 of 5  File Number: LTB-L-038152-22 7. If the Tenants do not pay the Landlords the full amount owing on or before March 10, 2023, the Tenants will start to owe interest. This will be simple interest calculated from March 11, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before March 10, 2023, then starting March 11, 2023, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that the 2023 ONLTB 21540 (CanLII) 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 March 11, 2023. February 27, 2023 ____________________________ Date Issued Sheena Brar 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 11, 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-038152-22 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 28, 2023 2023 ONLTB 21540 (CanLII) Rent Owing To February 28, 2023 $20,700.00 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 the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlords owe the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $20,886.00 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before March 10, 2023 Rent Owing To March 31, 2023 $23,000.00 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 the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlords owe the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $23,186.00 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $19,458.68 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants 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 Order Page: 4 of 5  File Number: LTB-L-038152-22 Less the amount the Landlords owe the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the Landlords $19,644.68 Plus daily compensation owing for each day of occupation starting $75.62 2023 ONLTB 21540 (CanLII) February 15, 2023 (per day) Order Page: 5 of 5