LTB Order LTB-L-043639-22

2023 ONLTB 30828 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Cencourse Project Inc v W., 2023 ONLTB 30828 Date: 2023-04-14 File Number: LTB-L- 043639-22 In the matter of: 1013, 30 TUSCARORA ST WINDSOR ON N9A6Y6 Between: Cencourse Project Inc Landlord A. J.K.A.M.W. Tenant Cencourse Project Inc (the 'Landlord') applied for an order to terminate the tenancy A. evict J.K.A.M.W. (the 'Tenants') because the Tenants did not pay the rent that the Tenant owe. This application was heard by videoconference on March 2, 2023. Only the Landlord’s representative Connie Granger attended the hearing. As of 9:30 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 $839.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $27.58. This amount is calculated as follows: $839.00 x 12, divided by 365 days. 5. The Tenants have paid $1,080.00 to the Landlord since the application was filed. 2023 ONLTB 30828 (CanLII) 6. The rent arrears owing to March 31, 2023 are $7,011.00. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. The Landlord’s representative requested that 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. 10. The Landlord’s representative testified that there have been numerous attempts by the Landlord to contact the Tenants to arrange repayment of the rent arrears. The Tenants have made one payment since the application was filed A. have not made a repayment agreement with the Landlord. The rent arrears are substantial A. to deny the eviction would be prejudicial to the Landlord. 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: • $8,036.00 if the payment is made on or before April 25, 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 25, 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 25, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $6,413.16. 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 Landlord compensation of $27.58 per day for the use of the unit starting March 3, 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 2023 ONLTB 30828 (CanLII) 25, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 26, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before April 25, 2023, then starting April 26, 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 April 26, 2023. April 14, 2023 ____________________________ Date Issued Maria Shaw 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 26, 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 25, 2023 Rent Owing To April 30, 2023 $8,930.00 Application Filing Fee $186.00 2023 ONLTB 30828 (CanLII) NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $1,080.00 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 Tenant are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $8,036.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $7,307.16 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $1,080.00 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 Landlord owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the Landlord $6,413.16 Plus, daily compensation owing for each day of occupation starting $27.58 March 3, 2023 (per day)