LTB Order LTB-L-042412-22

2023 ONLTB 35758 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: N.H.D. Developments Limited v Arteaga, 2023 ONLTB 35758 Date: 2023-05-08 File Number: LTB-L-042412-22 In the matter of: 0611, 16 BERGAMOT AVE ETOBICOKE ON M9W1V9 Between: N.H.D. Developments Limited Landlord And D.L. Tenants Pamela Arteaga N.H.D. Developments Limited (the 'Landlord') applied for an order to terminate the tenancy and evict D.L. and Pamela Arteaga (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 1, 2023. The Landlord attended the hearing. The Landlord was represented by Kenia Afolabi. As of 10:10 a.m., the Tenants were 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 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 $1,381.50. It is due on the 1st day of each month. Order Page: 1 of 4  File Number: LTB-L-042412-22 4. Based on the Monthly rent, the daily rent/compensation is $45.42. This amount is calculated as follows: $1,381.50 x 12, divided by 365 days. 5. The Tenants had paid $4,550.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $8,578.00. 2023 ONLTB 35758 (CanLII) 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,348.00 from the Tenants 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. 9. Interest on the rent deposit, in the amount of $16.11 is owing to the Tenant for the period from January 1, 2021 to March 1, 2023. 10. 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 Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $11,527.00 if the payment is made on or before May 19, 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 had paid the full amount owing as ordered plus any additional rent that became due after May 19, 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 May 19, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $6,063.81. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $45.42 per day for the use of the unit starting March 2, 2023 until the date the Tenants move out of the unit. Order Page: 2 of 4  File Number: LTB-L-042412-22 7. If the Tenants does not pay the Landlord the full amount owing on or before May 19, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 20, 2023 at 6.00% 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. 2023 ONLTB 35758 (CanLII) 9. If the unit is not vacated on or before May 19, 2023, then starting May 20, 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 May 20, 2023. May 8, 2023 ____________________________ Date Issued Emile Ramlochan 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 November 20, 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 Order Page: 3 of 4  File Number: LTB-L-042412-22 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 May 19, 2023 2023 ONLTB 35758 (CanLII) Rent Owing To May 31, 2023 $15,891.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $4,550.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord 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 $11,527.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $11,791.92 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $4,550.00 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 - $1,348.00 Less the amount of the interest on the last month's rent deposit - $16.11 Less the amount the Landlord 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 Landlord $6,063.81 Plus daily compensation owing for each day of occupation starting $45.42 March 2, 2023 (per day) Order Page: 4 of 4