LTB Order LTB-L-044169-22

2023 ONLTB 31351 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: X. v Samuels, 2023 ONLTB 31351 Date: 2023-04-20 File Number: LTB-L-044169-22 In the matter of: 5943 Candlebrook Court Mississauga ON L5V2V5 Between: F.X. Landlords Yanqin Zhong And C.C.G. Tenants Leonard Samuels F.X. and Yanqin Zhong (the 'Landlords') applied for an order to terminate the tenancy and evict C.C.G. and Leonard Samuels (the 'Tenants ') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 29, 2023. The Landlord’s representative, Jeremy Jing Song Liu and the Tenants attended the hearing Determinations: 1. The Landlords served the Tenants with a valid Notice to End Tenancy Early for Non-payment 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. The Tenants were in possession of the rental unit on the date the application was filed. 3. The Tenants vacated the rental unit on October 3, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,800.00. It was due on the 1st day of each month. 5. The Tenants have not made any payments since the application was filed. Order Page: 1 of 4  File Number: LTB-L-044169-22 6. The rent arrears owing to October 3, 2022 are $12,276.16. 7. The Landlords incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 31351 (CanLII) 8. The Landlords collected a rent deposit of $2,800.00 from the Tenants and this deposit is still being held by the Landlords. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $42.20 is owing to the Tenant for the period from April 30, 2022 to March 29, 2023. 10. The Tenants began disputing the amount of arrears. They testified that they were paying the monthly rent but did not have any documentary evidence to show that they had paid the monthly rent via cheque. The Tenants then agreed to the amount of arrears testifying that they fell into arrears due to COVID and lack of steady work and the Tenant, Ms. C. had a car accident in November 2020 when she was 8 months pregnant which impacted her ability to work. 11. The Tenants are both employed however, they are now living separately. They indicated that they are willing to consent to a repayment plan and pay $200.00 per month as both have expenses that prevent them from committing to a higher monthly repayment amount. 12. The Landlord’s representative objected to a $200.00 per month repayment plan due to the amount of the arrears and the length of time $200.00 per month would take to pay off. Although the Board has the discretion to make such an order I am not prepared to do so in these circumstances as the Tenants have vacated the rental unit. The Landlord’s representative was willing to provide the Tenants with more time to pay the arrears before interest starts to accrue. 13. Based on the Landlord’s submissions, I do find that 1-year delay is fair in the circumstances, so the Tenants can arrange their affairs and start to pay off the arrears without interest accruing until 2024. It is ordered that: 1. The tenancy between the Landlords and the Tenants is terminated as of October 3, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlords $9,619.96. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application. The rent deposit and interest the Landlords owes on the rent deposit is deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 4  File Number: LTB-L-044169-22 2023 ONLTB 31351 (CanLII) 3. If the Tenants does not pay the Landlords the full amount owing on or before May 1, 2024, the Tenants will start to owe interest. This will be simple interest calculated from May 2, 2024 at 6.00% annually on the balance outstanding. April 20, 2023 ____________________________ Date Issued Camille Clyne Member, Landlord and Tenant Board 15 Grosvenor St, 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. Order Page: 3 of 4  File Number: LTB-L-044169-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 31351 (CanLII) A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $12,276.16 Application Filing Fee $186.00 Less the amount the Tenants paid to the Landlords since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,800.00 Less the amount of the interest on the last month's rent deposit - $42.20 Total amount owing to the Landlords $9,619.96 Order Page: 4 of 4