LTB Order LTB-L-039556-22

Order under Section 69 2023 ONLTB 27056 (CanLII) Residential Tenancies Act, 2006 Citation: ZIP Properties c/o Reitter Management Corporation v K., 2023 ONLTB 27056 Date: 2023-03-22 File Number: LTB-L-039556-22 In the matter of: Apartment #802, 315 CEDAR ST SIMCOE ON N3Y4S6 Between: ZIP Properties c/o Reitter Management Landlord Corporation And B.K. Tenants Tyler K. ZIP Properties c/o Reitter Management Corporation (the 'Landlord') applied for an order to terminate the tenancy and evict B.K. and Tyler K. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 14, 2023. Only the Landlord's Legal Representative, J. Herter, attended the hearing. As of 9:44 a.m., the Tenants were not present or represented at the hearing although properly served with notice of this hearing by the LTB. 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 $728.68. 4. Based on the Monthly rent, the daily rent/compensation is $23.96. This amount is calculated as follows: $728.68 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 March 31, 2023 are $10,930.20. Order Page: 1 of 4  File Number: LTB-L-039556-22 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. I have considered all the disclosed circumstances in accordance with subsection 83(2) of 2023 ONLTB 27056 (CanLII) 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. The amount outstanding is substantial, and the Tenants have not paid any rent since the application was filed. 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 or to the LTB in trust: • $11,116.20 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $11,844.88 if the payment is made on or before April 2, 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 April 2, 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 April 2, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $10,722.96. 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 Tenant shall also pay the Landlord compensation of $23.96 per day for the use of the unit starting March 15, 2023 until the date the Tenant moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before April 2, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 3, 2023 at 5.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-039556-22 8. If the unit is not vacated on or before April 2, 2023, then starting April 3, 2023, the 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 April 3, 2023. 2023 ONLTB 27056 (CanLII) March 22, 2023 ____________________________ Date Issued Jitewa Edu 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 October 3, 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-039556-22 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 31, 2023 2023 ONLTB 27056 (CanLII) Rent Owing To March 31, 2023 $10,930.20 Application Filing Fee $186.00 Total the Tenants must pay to continue the tenancy $11,116.20 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before April 2, 2023 Rent Owing To April 30, 2023 $11,658.88 Application Filing Fee $186.00 Total the Tenants must pay to continue the tenancy $11,844.88 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $10,536.96 Application Filing Fee $186.00 Total amount owing to the Landlord $10,722.96 Plus daily compensation owing for each day of occupation starting $23.96 March 15, 2023 (per day) Order Page: 4 of 4