LTB Order LTB-L-039827-22

2023 ONLTB 28511 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: H. v Kechego, 2023 ONLTB 28511 Date: 2023-03-30 File Number: LTB-L-039827-22 In the matter of: UPSTAIRS A. M. F. UNIT, 54 B. RD S T. ON M1M3P4 Between: R.H. L. A. B. Pegahmagabow, K. m Tenant Retieffecrocker, Nicole Pegahmagabow A. Robin j Kechego R.H. (the 'L.') applied for an order to terminate the tenancy A. evict B. Pegahmagabow, K. m Retieffe-crocker, Nicole Pegahmagabow A. Robin j Kechego (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on February 15, 2023. The L. A. the L.’s representative Christina Nastas A. the Tenant Robin Kechego attended the hearing. Determinations: 1. The L. 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. 3. The lawful rent is $2,750.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $90.41. This amount is calculated as follows: $2,750.00 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-039827-22 5. The Tenants have paid $12,400.00 to the L. since the application was filed. 6. The rent arrears owing to February 28, 2023 are $12,350.00. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 2023 ONLTB 28511 (CanLII) 8. There is no last month's rent deposit. 9. The L.’s representative requested the Board issue a standard order (11-day eviction). I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The L. made several attempts to contact the Tenant A. arrange a repayment plan. The Tenant did not contact the L. in response to the offer to arrange repayment of the rent arrears. 10. At the hearing the L. testified that he is a small L. A. has had to use credit to pay bills due to the non payment of rent. The rent arrears are substantial A. the Tenant that attended the hearing could not offer a viable plan for the repayment of the rent arrears. To deny the eviction would be prejudicial to the L.. It is ordered that: 1. The tenancy between the L. A. the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $18,126.41 if the payment is made on or before April 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 April 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 April 10, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the L. $11,232.56. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the L. compensation of $90.41 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-039827-22 7. If the Tenants does not pay the L. the full amount owing on or before April 10, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 11, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before April 10, 2023, then starting April 11, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction 2023 ONLTB 28511 (CanLII) 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 L. on or after April 11, 2023. March 30, 2023 ____________________________ Date Issued Maria Shaw Member, L. A. Tenants Board 15 Grosvenor Street, Ground F. T. 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 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before April 10, 2023 Order Page: 3 of 4  File Number: LTB-L-039827-22 Rent Owing To April 30, 2023 $30,340.41 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $12,400.00 2023 ONLTB 28511 (CanLII) application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the L. owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $18,126.41 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $23,446.56 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $12,400.00 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 Less the amount the L. owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the L. $11,232.56 Plus daily compensation owing for each day of occupation starting $90.41 February 16, 2023 (per day) Order Page: 4 of 4