LTB Order LTB-L-040789-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 30319 (CanLII) Citation: Hazelview Property Services Inc. v H., 2023 ONLTB 30319 Date: 2023-04-14 File Number: LTB-L-040789-22 In the matter of: 921, 200 DUFFERIN ST Toronto ON M6K1Z4 Between: Hazelview Property Services Inc. Landlord A. R.H.A.B.H. Tenants Hazelview Property Services Inc. (the 'Landlord') applied for an order to terminate the tenancy A. evict R.H.A.B.H. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on February 27, 2023. The Landlord’s Legal Representative Sean Beard A. the Tenants attended the hearing. The Tenants declined to speak with Duty Counsel. The Tenants did not respond to multiple requests by the Moderator to unmute after 11:00 a.m. The Moderator verified that the Tenants were able to unmute their device throughout the sign in process. The matter was called at approximately 11:55 a.m. After the Landlord’s evidence was presented, the Tenants were prompted to unmute 5 more times but did not do so. The Tenants disconnected from the hearing at approximately 12:10 p.m. The hearing block continued for approximately 25 more minutes A. the Tenants did not sign back in. Determinations: 1. The Landlord 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 $2,489.71. It is due on the 1st day of each month. Order Page: 1 of 4  File Number: LTB-L-040789-22 4. Based on the Monthly rent, the daily rent/compensation is $81.85. This amount is calculated as follows: $2,489.71 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 $29,243.42. 2023 ONLTB 30319 (CanLII) 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,429.00 from the Tenants A. 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. 9. Interest on the rent deposit, in the amount of $40.46 is owing to the Tenants for the period from December 22, 2021 to February 27, 2023. 10. It was the Landlord’s evidence that the first A. last month’s rent were paid as well as one month, then no further payments were made. 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 A. whether the Landlord attempted to negotiate a repayment agreement with the Tenant A. 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 Landlord 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 Landlord or to the LTB in trust: • $34,408.84 if the payment is made on or before April 18, 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 18, 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 Tenant must move out of the rental unit on or before April 18, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $26,680.20. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 4  File Number: LTB-L-040789-22 6. The Tenant shall also pay the Landlord compensation of $81.85 per day for the use of the unit starting February 28, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before April 18, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 19, 2023 at 5.00% annually on the balance outstanding. 2023 ONLTB 30319 (CanLII) 8. The Landlord or the Tenant 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 April 18, 2023, then starting April 19, 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 April 19, 2023. April 7, 2023 ____________________________ Date Issued Margo den Haan Member, Landlord A. 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 19, 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-040789-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before April 18, 2023 2023 ONLTB 30319 (CanLII) Rent Owing To April 30, 2023 $34,222.84 Application Filing Fee $186.00 Total the Tenant must pay to continue the tenancy $34,408.84 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $28,963.66 Application Filing Fee $186.00 Less the amount of the last month's rent deposit - $2,429.00 Less the amount of the interest on the last month's rent deposit - $40.46 Total amount owing to the Landlord $26,680.20 Plus daily compensation owing for each day of occupation starting $81.85 February 28, 2023 (per day) Order Page: 4 of 4