LTB Order LTB-L-048531-22

2023 ONLTB 25172 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: K. v L., 2023 ONLTB 25172 Date: 2023-03-13 File Number: LTB-L-048531-22 In the matter of: 86 BALACLAVA ST ST THOMAS ON N5P3C5 Between: D.K. Landlord A. A.L.A.T.P. Tenants D.K. (the 'Landlord') applied for an order to terminate the tenancy A. evict A. L. A. T. P. (the 'Tenants') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 1, 2023. The Landlord, represented by Melodie Sargeant, A. the Tenant T. P., 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 were still in possession of the rental unit. 3. The lawful rent is $1,771.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $58.22. This amount is calculated as follows: $1,771.00 x 12, divided by 365 days. 5. The Tenants have paid $8,206.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $10,932.00. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. Order Page: 1 of 5  File Number: LTB-L-048531-22 8. There is no last month's rent deposit. 9. The Landlord has been attempting to communicate with the Tenants to deal with the outstanding arrears A. the Tenants have not returned these attempts. The Tenant testified that they have been laid off, ever since Covid started A. have no money currently to pay the Landlord. Of the money the Landlord has received, $2,785.00 was sent to the 2023 ONLTB 25172 (CanLII) Landlord from the YMCA A. the City to assist the Tenants. 10. The Tenants propose paying the lawful monthly rent plus $500.00.A. owe the Landlord 11. Considering the fact the Tenants are unemployed A. have no money , I find a repayment plan as proposed by the Tenants will not be successful A. therefore unfair to the Landlord. 12. 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. 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: • $11,118.00 if the payment is made on or before March 24, 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 March 24, 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 March 24, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $9,405.22. 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 $58.22 per day for the use of the unit starting March 2, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before March 24, 2023, the Tenants will start to owe interest. This will be simple interest calculated from March 25, 2023 at 5.00% annually on the balance outstanding. 8. The Landlord or the Tenantss shall pay to the other any sum of money that is owed as a result of this order. Order Page: 2 of 5  File Number: LTB-L-048531-22 9. If the unit is not vacated on or before March 24, 2023, then starting March 25, 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 March 25, 2023. 2023 ONLTB 25172 (CanLII) March 13, 2023 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 ____________________________ Greg Joy Member, Landlord A. Tenant Board Date Issued 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 September 25, 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 3 of 5  File Number: LTB-L-048531-22 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 March 24, 2023 2023 ONLTB 25172 (CanLII) Rent Owing To March 31, 2023 $19,138.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $8,206.00 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 are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $11,118.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $17,425.22 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $8,206.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ 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 are entitled to - $0.00 Order Page: 4 of 5  File Number: LTB-L-048531-22 Total amount owing to the Landlord $9,405.22 Plus daily compensation owing for each day of occupation starting $58.22 March 2, 2023 (per day) 2023 ONLTB 25172 (CanLII) Order Page: 5 of 5