LTB Order LTB-L-044755-23

2023 ONLTB 75342 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Pinedale Properties Ltd v G., 2023 ONLTB 75342 Date: 2023-11-15 File Number: LTB-L-044755-23 In the matter of: 2419-7 Crescent Place East York, ON M4C 5L7 Between: Pinedale Properties Ltd Landlord And R.G. Tenants Dhiraj Arunachalam Pinedale Properties Ltd (the 'Landlord') applied for an order to terminate the tenancy and evict R.G. and Dhiraj Arunachalam (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on October 11, 2023. Only the Landlord’s Legal Representative A. Frannie Simms and the Landlord’s agent Mario Gambelic attended the hearing. As of 9:46 am, 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 $1,997.72. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $65.68. This amount is calculated as follows: $1,997.72 x 12, divided by 365 days. Order Page 1 of 4  File Number: LTB-L-044755-23 5. The Tenants have paid $7,549.00 to the Landlord since the application was filed. 6. The rent arrears owing to October 31, 2023 are $4,238.60. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 75342 (CanLII) 8. The Landlord collected a rent deposit of $1,949.00 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 $17.75 is owing to the Tenants for the period from June 1, 2023 to October 11, 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 whether the Landlord attempted to negotiate a repayment agreement with the Tenants 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 void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord: • $6,422.32 if the payment is made on or before November 26, 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 November 26, 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 November 26, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $1,182.61. 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 Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 7. If the unit is not vacated on or before November 26, 2023, then starting November 27, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page 2 of 4  File Number: LTB-L-044755-23 8. 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 27, 2023. November 15, 2023 ____________________________ Date Issued Jagger Benham 2023 ONLTB 75342 (CanLII) 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 27, 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. Order Page 3 of 4  File Number: LTB-L-044755-23 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 November 26, 2023 2023 ONLTB 75342 (CanLII) Rent Owing To November 30, 2023 $13,785.32 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $7,549.00 application was filed Total the Tenant must pay to continue the tenancy $6,422.32 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $10,512.36 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $7,549.00 application was filed Less the amount of the last month's rent deposit - $1,949.00 Less the amount of the interest on the last month's rent deposit - $17.75 Total amount owing to the Landlord $1,182.61 Plus daily compensation owing for each day of occupation starting $65.68 October 12, 2023 (per day) Order Page 4 of 4