LTB Order LTB-L-041742-22

2023 ONLTB 26408 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: M&J Doors Ltd. v B., 2023 ONLTB 26408 Date: 2023-03-27 File Number: LTB-L-041742-22 In the matter of: 17, 16 ELLIS ST E WINDSOR ON N8X2G7 Between: M&J Doors Ltd. Landlord A. M.B.A.W.B. Tenant M&J Doors Ltd. (the 'Landlord') applied for an order to terminate the tenancy A. evict M. B. A. W. B. (the 'Tenants') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 27, 2023. Only the Landlord’s representative T. Currie attended the hearing. As of 2:43pm, 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 Tenants with a valid Notice to End Tenancy Early for Nonpayment 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 Tenants were still in possession of the rental unit. 3. The lawful rent is $1,350.00. It is due on the 1st day of each month. Order Page: 1 of 5  File Number: LTB-L-041742-22 4. Based on the Monthly rent, the daily rent/compensation is $44.38. This amount is calculated as follows: $1,350.00 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 $14,850.00. 2023 ONLTB 26408 (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 $1,350.00 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 $28.20 is owing to the Tenant for the period from April 29, 2022 to February 27, 2023. 10. Section 83 requires that I consider all the circumstances, including the Tenants’ A. the Landlord’s situations to determine if it would be appropriate to grant section 83 relief from eviction. The Landlord is not aware of any children living in the rental unit A. the Landlord has tried to reach out to the Tenants for a repayment plan, without success. There are substantial arrears owing A. the Tenants did not attend the hearing, A. thus did not provide any evidence that may be relevant to my determination under s. 83. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (RTA), including 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: • $16,386.00 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $17,736.00 if the payment is made on or before April 7, 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 Tenant has paid the full amount owing as ordered plus any additional rent that became due after April 7, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. Order Page: 2 of 5  File Number: LTB-L-041742-22 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 7, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $13,506.06. 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 2023 ONLTB 26408 (CanLII) deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $44.38 per day for the use of the unit starting February 28, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before April 7, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 8, 2023 at 5.00% annually on the balance outstanding. 8. The Landlord or the Tenants 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 7, 2023, then starting April 8, 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 8, 2023. March 27, 2023 ____________________________ Date Issued Peter Nicholson 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 8, 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. 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 March 31, 2023 Order Page: 3 of 5  File Number: LTB-L-041742-22 Rent Owing To March 31, 2023 $16,200.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 2023 ONLTB 26408 (CanLII) 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 $16,386.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before April 7, 2023 Rent Owing To April 30, 2023 $17,550.00 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 $17,736.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $14,698.26 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 - $1,350.00 Less the amount of the interest on the last month's rent deposit - $28.20 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 $13,506.06 Order Page: 4 of 5  File Number: LTB-L-041742-22 Plus daily compensation owing for each day of occupation starting $44.38 February 28, 2023 (per day) 2023 ONLTB 26408 (CanLII) Order Page: 5 of 5