LTB Order LTB-L-047292-22

2023 ONLTB 32042 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: J. v T., 2023 ONLTB 32042 Date: 2023-04-24 File Number: LTB-L-047292-22 In the matter of: 14 Latchford Street Belleville ON K0K1K0 Between: J.J.A.J. L. K. A. H. L. T., R. T. A. Tenants Robert Douglas Palmer J.J.A.J. K. (the 'L.') applied for an order to terminate the tenancy A. evict H. L. T., R. T., A. Robert Douglas Palmer (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 27, 2023. The parties spoke with the mediator A. were unable to reach a final agreement. The parties agreed to adjourn the matter to April 12, 2023 due to lack of time. The Landlord’s Legal Representative Christina Nastas, the L., A. the Tenant H. T. (HT) attended the hearing on March 27, 2023. The Tenant declined to speak with Tenant Duty Counsel. On April 12, 2023, as of 9:18 a.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 L. 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 Order Page: 1 of 5  File Number: LTB-L-047292-22 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 $2,600.00. It is due on the 1st day of each month. 2023 ONLTB 32042 (CanLII) 4. Based on the Monthly rent, the daily rent/compensation is $85.48. This amount is calculated as follows: $2,600.00 x 12, divided by 365 days. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to April 30, 2023 are $26,000.00. 7. The L. incurred costs of $186.00 for filing the application A. are entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $2,600.00 from the Tenants A. this deposit is still being held by the L.. 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 $70.70 is owing to the Tenants for the period from March 12, 2022 to April 12, 2023. 10. The L. submitted into evidence an email from HT to the Landlord’s Legal Representative dated January 25, 2023. In response to the Landlord’s offer to make a payment agreement, HT replied, “We don’t currently have work. I can’t pay with no money.” 11. The L. submitted into evidence another email from HT to the Landlord’s Legal Representative dated March 27, 2023 at 8:56 a.m., immediately before the start of the hearing block. HT states: “… I see u guys wanna do mediation? We are leaving April 15 th so we jus wanna relief ourself of the property as of that date.…[sic]” 12. On March 27, 2023 at the hearing, the parties met with the mediator but were unsuccessful in reaching a final agreement with respect to a payment plan. 13. It was the Landlord’s evidence that there has been no communication with the tenants since the hearing on March 27, 2023. 14. 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 A. whether the L. attempted to negotiate a repayment agreement with the Tenants A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 15. It is the stated intention of HT per her email that the Tenants wish to terminate the tenancy effective April 15, 2023, although no Board forms have been signed. Order Page: 2 of 5  File Number: LTB-L-047292-22 16. Because the Tenants have indicated that it is their intention to vacate the rental unit on April 15, 2023, the voiding period on this order will not be extended for the standard 11-day period beyond the date of this order. 17. The tenancy began in March 2022. The last rent payment received by the L. was in June 2022, which means that the L. have received no rent in 10 months while the 2023 ONLTB 32042 (CanLII) Tenants have occupied the rental unit. It is their evidence that they do not own other rental properties A. have 3 children at home. Because they have not received rent payments but are paying expenses for the property, they are experiencing significant financial hardship A. stress. 18. The amount of arrears is extremely high A. approaching the monetary jurisdiction limit of the Board. I find that it would be highly prejudicial to the L. to extend the voiding date into another rental period, particularly when the Tenants have shown no intention to pay rent A. have stated that they are vacating the rental unit on April 15, 2023. It is ordered that: 1. The tenancy between the L. 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 L. or to the LTB in trust: • $26,186.00 if the payment is made on or before April 25, 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 25, 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 April 25, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $21,941.06. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the L. owe on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the L. compensation of $85.48 per day for the use of the unit starting April 13, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the L. the full amount owing on or before April 25, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 26, 2023 at 6.00% annually on the balance outstanding. Order Page: 3 of 5  File Number: LTB-L-047292-22 8. If the unit is not vacated on or before April 25, 2023, then starting April 26, 2023, the L. 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 L. on or after April 26, 2023. 2023 ONLTB 32042 (CanLII) April 24, 2023 ____________________________ Date Issued Margo den Haan 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 26, 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: 4 of 5  File Number: LTB-L-047292-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before April 30, 2023 2023 ONLTB 32042 (CanLII) Rent Owing To April 30, 2023 $26,000.00 Application Filing Fee $186.00 Less the amount the Tenants paid to the L. since the - $0.00 application was filed Total the Tenants must pay to continue the tenancy $26,186.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $24,425.76 Application Filing Fee $186.00 Less the amount the Tenants paid to the L. since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,600.00 Less the amount of the interest on the last month's rent deposit - $70.70 Total amount owing to the L. $21,941.06 Plus daily compensation owing for each day of occupation starting $85.48 April 13, 2023 (per day) Order Page: 5 of 5