LTB Order LTB-L-045707-23

2023 ONLTB 75323 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: C. v I., 2023 ONLTB 75323 Date: 2023-11-23 File Number: LTB-L-045707-23 In the matter of: 5106, 12 YORK ST TORONTO ON M5J0A9 Between: P.C. Landlord And A.I. Tenants Lorence Charter P.C. (the 'Landlord') applied for an order to terminate the tenancy and evict A. I. (“AI”) and Lorence Charter (“LC”) (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on November 7, 2023. The Landlord's Legal Representative, Asif Mohammad, and the Tenants AI attended the hearing. Preliminary Issues: 1. AI testified LC fled the country in December 2022, was aware of the hearing, and did not know why LC was not in attendance. Determinations: 2. 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. 3. As of the hearing date, the Tenants was still in possession of the rental unit. 4. The lawful rent is $1,846.00. It is due on the 15th day of each month. Order Page 1 of 4  File Number: LTB-L-045707-23 5. Based on the Monthly rent, the daily rent/compensation is $60.69. This amount is calculated as follows: $1,846.00 x 12, divided by 365 days. 6. The Tenants has not made any payments since the application was filed. 7. The rent arrears owing to November 14, 2023 are $24,723.66. 2023 ONLTB 75323 (CanLII) 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. Relief from eviction 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 Tenants and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 11. AI requested an order terminating the tenancy the first week of December 2023. She plans on moving in with a friend. 12. The Landlord requested a standard order terminating the tenancy within 11 days of the order date. The Landlord has incurred the costs of rising mortgage interest rates, and the lack of payment from the Tenants has caused financial hardship. 13. I find it would be unfair to grant the requested delay. AI did not provide sufficient detail as to what exact date she could move in with her friend or why she couldn’t move in sooner than “the first week of December”. 14. As mentioned, the Landlord does not hold a last month’s rent deposit. The prejudice to the Landlord in extending a standard order and increasing the arrears would outweigh the prejudice to AI of needing to move in with her friend sooner. 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 or to the LTB in trust: • $26,755.66 if the payment is made on or before December 4, 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 has paid the full amount owing as ordered plus any additional rent Order Page 2 of 4  File Number: LTB-L-045707-23 that became due after December 4, 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 December 4, 2023 2023 ONLTB 75323 (CanLII) 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $24,484.83. This amount includes rent arrears owing up to the date of the hearing and 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 $60.69 per day for the use of the unit starting November 8, 2023 until the date the Tenants moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before December 4, 2023, the Tenants will start to owe interest. This will be simple interest calculated from December 5, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before December 4, 2023, then starting December 5, 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 December 5, 2023. November 23, 2023 ____________________________ Date Issued Elena Jacob 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 June 5, 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. 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 December 4, 2023 Rent Owing To December 14, 2023 $26,569.66 Application Filing Fee $186.00 NSF Charges $0.00 Order Page 3 of 4  File Number: LTB-L-045707-23 Less the amount the Tenants paid to the Landlord since the - $0.00 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 2023 ONLTB 75323 (CanLII) 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 $26,755.66 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $24,298.83 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 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 - $0.00 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 is entitled to - $0.00 Total amount owing to the Landlord $24,484.83 Plus daily compensation owing for each day of occupation starting $60.69 November 8, 2023 (per day) Order Page 4 of 4