LTB Order LTB-L-048190-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 27422 (CanLII) Citation: Lake Promenade Apartments Limited v V., 2023 ONLTB 27422 Date: 2023-03-31 File Number: LTB-L-048190-22 In the matter of: 407, 21 PARK BLVD ETOBICOKE ON M8W1G4 Between: Lake Promenade Apartments Limited Landlord A. K.M.V.A.M.G. Tenants Lake Promenade Apartments Limited (the 'Landlord') applied for an order to terminate the tenancy A. evict K.M.V.A.M.G. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on March 15, 2023 at 1:00 pm. The Landlord Representative A. the Tenants attended the hearing. 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 was still in possession of the rental unit. 3. The lawful rent is $1,705.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $56.05. This amount is calculated as follows: $1,705.00 x 12, divided by 365 days. 5. The Tenants has paid $1,558.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $12,094.61. Order Page: 1 of 5  File Number: LTB-L-048190-22 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,705.00 from the Tenants A. this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of 2023 ONLTB 27422 (CanLII) the tenancy if the tenancy is terminated. 9. Interest on the rent deposit, in the amount of $33.63 is owing to the Tenants for the period from June 1, 2022 to March 15, 2023. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find, for the reasons that follow, that it would not be unfair to postpone the eviction until April 30, 2023 pursuant to subsection 83(1)(b) of the Act. 11. At the time of the hearing the Tenants didn’t dispute the arrears owing A. requested a delay in eviction so that they could pay down the arrears A. maintain the tenancy. The Tenants testified that they were currently in the final process of consolidating their debts A. securing financing to clear the arears. 12. In response the Landlord Representative stated they would be open to a delay of 30 days to facilitate the Tenants efforts. Accordingly, based on this A. the testimony A. submissions above I am satisfied that postponing the eviction date to April 30, 2023 is warranted. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $12,280.61 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $13,985.61 if the payment is made on or before April 30, 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 that became due after April 30, 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 does not pay the amount required to void this order the Tenants must move out of the rental unit on or before April 30, 2023 Order Page: 2 of 5  File Number: LTB-L-048190-22 5. If the Tenants does not void the order, the Tenants shall pay to the Landlord $8,087.18. 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 Landlord owes on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the 2023 ONLTB 27422 (CanLII) amount owing. 6. The Tenants shall also pay the Landlord compensation of $56.05 per day for the use of the unit starting March 16, 2023 until the date the Tenants moves out of the unit. 7. If the Tenants does not pay the Landlord the full amount owing on or before April 11, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 12, 2023 at 5.00% annually on the balance outstanding. 8. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before April 30, 2023, then starting May 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. 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 May 1, 2023. March 31, 2023 ____________________________ Date Issued Kelly Delaney Member, Landlord A. Tenants 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 November 1, 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 5  File Number: LTB-L-048190-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order A. continue the tenancy if 2023 ONLTB 27422 (CanLII) the payment is made on or before March 31, 2023 Rent Owing To March 31, 2023 $13,652.61 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $1,558.00 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 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 $12,280.61 B. 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 Rent Owing To April 30, 2023 $15,357.61 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $1,558.00 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 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 $13,985.61 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $11,197.81 Application Filing Fee $186.00 NSF Charges $0.00 Order Page: 4 of 5  File Number: LTB-L-048190-22 Less the amount the Tenants paid to the Landlord since the - $1,558.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed 2023 ONLTB 27422 (CanLII) Less the amount of the last month's rent deposit - $1,705.00 Less the amount of the interest on the last month's rent deposit - $33.63 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 $8,087.18 Plus daily compensation owing for each day of occupation starting $56.05 March 16, 2023 (per day) Order Page: 5 of 5