LTB Order LTB-L-046977-22

2023 ONLTB 27068 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Boardwalk General Partnership v W., 2023 ONLTB 27068 Date: 2023-03-30 File Number: LTB-L-046977-22 In the matter of: 100, 57 Ardglen Drive Brampton ON L6W1V1 Between: Boardwalk General Partnership Landlord And A.W. Tenants Mackenzie Furlong Boardwalk General Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict A.W. and Mackenzie Furlong (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 14, 2023. The Landlord’s Agent, C. Livingstone, and the Tenant, Mackenzie Furlong, attended the hearing. A.W. sent an email to the Board authorizing Mackenzie Furlong to act on her behalf. Preliminary Issue: Mackenzie Furlong claimed that the Tenant, A.W. never moved into the rental unit but provided no evidence to substantiate his claim. The Landlord denied knowledge of the claim and referred to communications from A.W. about a payment plan in October and December 2022. Based on the submissions of the parties, I am satisfied that both Tenants are in possession of the rental unit and are properly named in the application. A.W. did not at anytime inform the Landlord that she would not move into the unit after signing the agreement even though she has communicated with the Landlord in writing on numerous occasions and in her email to the Board, no such issue was raised. Determinations: Order Page: 1 of 4  File Number: LTB-L-046977-22 1. The Landlord 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. As of the hearing date, the Tenants were still in possession of the rental unit. 2023 ONLTB 27068 (CanLII) 3. The lawful rent is $2,299.00. 4. Based on the Monthly rent, the daily rent/compensation is $75.58. This amount is calculated as follows: $2,299.00 x 12, divided by 365 days. 5. The rent arrears owing to March 31, 2023 are $18,391.00. 6. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 7. The Landlord collected a rent deposit of $2,299.00 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. 8. Interest on the rent deposit, in the amount of $40.47 is owing to the Tenants for the period from July 1, 2022 to March 14, 2023. 9. I have considered all 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 Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The amount outstanding is substantial, and the Tenants have not paid any rent since the application was filed. 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: • $18,577.00 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $20,876.00 if the payment is made on or before April 10, 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 10, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. Order Page: 2 of 4  File Number: LTB-L-046977-22 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 10, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $14,996.65. 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 2023 ONLTB 27068 (CanLII) from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $75.58 per day for the use of the unit starting March 15, 2023 until the date the Tenant moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before April 10, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 11, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before April 10, 2023, then starting April 11, 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 11, 2023. March 30, 2023 ____________________________ Date Issued Jitewa Edu 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 October 11, 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-046977-22 2023 ONLTB 27068 (CanLII) 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 March 31, 2023 Rent Owing To March 31, 2023 $18,391.00 Application Filing Fee $186.00 Total the Tenant must pay to continue the tenancy $18,577.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before April 10, 2023 Rent Owing To April 30, 2023 $20,690.00 Application Filing Fee $186.00 Total the Tenant must pay to continue the tenancy $20,876.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $17,150.12 Application Filing Fee $186.00 Less the amount of the last month's rent deposit - $2,299.00 Less the amount of the interest on the last month's rent deposit - $40.47 Total amount owing to the Landlord $14,996.65 Plus daily compensation owing for each day of occupation starting $75.58 March 15, 2023 (per day) Order Page: 4 of 4