LTB Order LTB-L-039486-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: A. v Y., 2023 ONLTB 21890 2023 ONLTB 21890 (CanLII) Date: 2023-03-01 File Number: LTB-L-039486-22 In the matter of: 8607 CHICKORY TRAIL NIAGARA FALLS ON L2H3S5 Between: M.A. Landlord And J.Y. Tenants Tashawanda Carter M.A. (the 'Landlord') applied for an order to terminate the tenancy and evict J. Y. and Tashawanda Carter (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on February 15, 2023. Only the Landlord M. Ahman and the Landlord’s Legal Representative Samila Waslat attended the hearing. As of 10:18 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. Since the Tenants did not attend and the Landlord was prepared to proceed, the matter proceeded by way of an uncontested hearing pursuant to section 7 of the Statutory Powers Procedure Act, R.S.O. 1990. Determinations: 1. At the hearing the Landlord and the Landlord’s Legal Representative relied on oral submissions and referred to documents to support their application. 2. 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. 3. As of the hearing date, the Tenants were still in possession of the rental unit. 4. The lawful rent is $2,600.00. It is due on the 1st day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $85.48. This amount is calculated as follows: $2,600.00 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-039486-22 6. The Tenants have not made any payments since the application was filed. 7. The rent arrears owing to February 28, 2023 are $26,000.00. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 21890 (CanLII) 9. The Landlord collected a rent deposit of $2,600.00 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 $44.73 is owing to the Tenants for the period from December 2, 2021 to February 15, 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 whether the Landlord attempted to negotiate a payment agreement with the Tenants. The Landlord submitted that ongoing efforts were made in relation to reaching a payment agreement, but the Tenants did not respond. I asked the Landlord if they were aware of any circumstances the Tenants may be experiencing that would make eviction unfair and they were aware of none. I find 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 voids this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust:  $28,786.00 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 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $22,223.47. 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. 6. The Tenants shall also pay the Landlord compensation of $85.48 per day for the use of the unit starting February 16, 2023 until the date the Tenants move out of the unit. Order Page: 2 of 4  File Number: LTB-L-039486-22 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. If the unit is not vacated on or before March 12, 2023, then starting March 13, 2023, the 2023 ONLTB 21890 (CanLII) Landlord may file this order with the Court Enforcement Office (Sheriff) so that the 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 Landlord on or after March 13, 2023. March 1, 2023 Date Issued John Cashmore 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-039486-22 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 March 12, 2023 2023 ONLTB 21890 (CanLII) Rent Owing To March 31, 2023 $28,600.00 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 the Landlord owes 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 $28,786.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $24,682.20 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 - $2,600.00 Less the amount of the interest on the last month's rent deposit - $44.73 Less the amount the Landlord owes 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 Landlord $22,223.47 Plus daily compensation owing for each day of occupation starting $85.48 February 16, 2023 (per day) Order Page: 4 of 4