LTB Order LTB-L-041601-23

2023 ONLTB 68814 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: TLR Property Management LP, As agent on behalf of 592 Sherbourne LP v Sichareune, 2023 ONLTB 68814 Date: 2023-10-23 File Number: LTB-L-041601-23 In the matter of: 1904, 25 SELBY ST TORONTO ON M4Y0E6 Between: TLR Property Management LP and As agent Landlord on behalf of 592 Sherbourne LP And Connie Sichareune and Carey Sichareune Tenant TLR Property Management LP and As agent on behalf of 592 Sherbourne LP (the 'Landlord') applied for an order to terminate the tenancy and evict Connie Sichareune and Carey Sichareune (jointly referred to as the ‘Tenant’ in this Order) because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on October 10, 2023. Only the Landlord’s Representative, Faith McGregor, attended the hearing. As of 1:53 p.m., the Tenant was 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 Landlord's evidence. Determinations: 1. The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant 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 Tenant was still in possession of the rental unit. 3. The lawful rent is $3,338.95. It is due on the 1st day of each month. Order Page 1 of 4  File Number: LTB-L-041601-23 4. Based on the Monthly rent, the daily rent/compensation is $109.77. This amount is calculated as follows: $3,338.95 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to October 31, 2023 are $40,862.82. The amount of money the 2023 ONLTB 68814 (CanLII) Tenants must pay to continue the tenancy, as set out in paragraph two below, exceeds $35,000.00. While the Board’s monetary jurisdiction is $35,000.00, the Divisional Court recently confirmed in Galaxy Real Estate Core Ontario LP v. Kirpichova et al., 2023 ONSC 4356, that the pursuant to section 74(3)(a) of the Residential Tenancies Act, 2006 (“Act”), the full amount of rent arrears owing must be paid by the tenant to void the order. Therefore, the amount of money the Tenants must pay to void the order and continue the tenancy is not subject to the Board’s monetary jurisdiction. 7. The Landlords understand, by accepting the Board’s monetary jurisdiction limit, the Landlords cannot pursue the Tenants for any amount owing over $35,000.00 in any other application or court proceeding if the tenancy is terminated. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $3,106.00 from the Tenant 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 $60.21 is owing to the Tenant for the period from January 1, 2023 to October 10, 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 the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant 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 Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $41,048.82 if the payment is made on or before October 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $44,387.77 if the payment is made on or before November 3, 2023. See Schedule 1 for the calculation of the amount owing. Order Page 2 of 4  File Number: LTB-L-041601-23 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after November 3, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. If the Tenant does not pay the amount required to void this order the Tenant must 2023 ONLTB 68814 (CanLII) move out of the rental unit on or before November 3, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $35,186.00. This amount includes rent arrears owing up to the date of the hearing subject to the LTB’s monetary jurisdiction 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 $109.77 per day for the use of the unit starting October 11, 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 November 3, 2023, the Tenant will start to owe interest. This will be simple interest calculated from November 4, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 3, 2023, then starting November 4, 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 November 4, 2023. October 23, 2023 ____________________________ Date Issued Vicky Liu 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 May 4, 2024 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. Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before October 31, 2023 Rent Owing To October 31, 2023 $40,862.82 Application Filing Fee $186.00 NSF Charges $0.00 Order Page 3 of 4  File Number: LTB-L-041601-23 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed 2023 ONLTB 68814 (CanLII) Less the amount the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $41,048.82 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before November 3, 2023 Rent Owing To November 30, 2023 $44,201.77 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $44,387.77 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $38,621.57 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $3,106.00 Less the amount of the interest on the last month's rent deposit - $60.21 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $35,186.00 Plus daily compensation owing for each day of occupation starting $109.77 October 11, 2023 (per day) Order Page 4 of 4