LTB Order LTB-L-045484-22

2023 ONLTB 27907 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Wu v Fu, 2023 ONLTB 27907 Date: 2023-03-28 File Number: LTB-L-045484-22 In the matter of: Basement Room 1, 69 HOLMES AVE NORTH YORK ON M2N4M1 Between: A.W. Landlord A. B.Z.A.Y.F. Tenants A.W. (the 'Landlord') applied for an order to terminate the tenancy A. evict B. Z. A. Y. Fu (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 13, 2023. Only the Landlord A. their Representative Hagan Turan attended the hearing. As of 9:35a.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 $1,200.00. It is due on the 4th day of each month. Order Page: 1 of 4  File Number: LTB-L-045484-22 4. Based on the Monthly rent, the daily rent/compensation is $39.45. This amount is calculated as follows: $1,200.00 x 12, divided by 365 days. 5. The Tenant have not made any payments since the application was filed. 6. The rent arrears owing to April 3, 2023 are $13,200.00. 2023 ONLTB 27907 (CanLII) 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. 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. Additionally, the Tenants did not attend the hearing to provide any evidence relevant to my analysis under the 83 of the Act. 10. The Landlord requested an urgent eviction order as the Landlord alleges that the Tenants are causing property damage to the rental unit. The allegation regarding property damage is not the subject of this application A. therefore cannot ground a determination for an expedited eviction. The Tenants will be given the standard 11 days between this order A. the eviction date. 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: • $13,386.00 if the payment is made on or before April 3, 2023. See Schedule 1 for the calculation of the amount owing. OR • $14,586.00 if the payment is made on or before April 8, 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 8, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant 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 8, 2023. Order Page: 2 of 4  File Number: LTB-L-045484-22 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $12,580.50. 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 $39.45 per day for the use of the unit starting March 14, 2023 until the date the Tenants moves out of the unit. 2023 ONLTB 27907 (CanLII) 7. If the Tenants do not pay the Landlord the full amount owing on or before April 8, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 9, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before April 8, 2023, then starting April 9, 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 9, 2023. March 28, 2023 ____________________________ Date Issued Amanda Kovats 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 9, 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. Order Page: 3 of 4  File Number: LTB-L-045484-22 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 April 3, 2023 2023 ONLTB 27907 (CanLII) Rent Owing To April 3, 2023 $13,200.00 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 Total the Tenant must pay to continue the tenancy $13,386.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before April 8, 2023 Rent Owing To May 3, 2023 $14,400.00 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 Total the Tenant must pay to continue the tenancy $14,586.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $12,394.50 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 - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Total amount owing to the Landlord $12,580.50 Plus daily compensation owing for each day of occupation starting $39.45 March 14, 2023 (per day) Order Page: 4 of 4