LTB Order LTB-L-048944-22

2023 ONLTB 28148 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: MPCT DIF DAM WEST22 INC. v K., 2023 ONLTB 28148 Date: 2023-04-04 File Number: LTB-L-048944-22 In the matter of: 1606, 22 JOHN ST YORK ON M9N0B1 Between: MPCT DIF DAM WEST22 INC. Landlord And L.K. Tenant Sierra Steed MPCT DIF DAM WEST22 INC. (the 'Landlord') applied for an order to terminate the tenancy and evict L.K. and Sierra Steed (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 16, 2023. The Landlord’s agent, Madonna John, and the Landlord’s representative, Mark Ciobotaru, attended the hearing. As of 11:08 am, 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 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 $1,808.44. It is due on the 1st day of each month. 4. Based on the monthly rent, the daily rent/compensation is $59.46. This amount is calculated as follows: $1,808.44 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-048944-22 5. The Tenants have paid $11,813.23 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $2,954.29. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 28148 (CanLII) 8. The Landlord collected a rent deposit of $1,808.44 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. 9. Interest on the rent deposit, in the amount of $43.63 is owing to the Tenants for the period from September 21, 2021 to March 16, 2023. 10. The Landlord’s representative submitted that the Landlord sent a letter to the Tenants on March 8, 2023 offering an arrears repayment plan. On the basis of this offer, the Tenants proposed an arrears repayment plan to reach a zero balance before the Tenants’ desired vacate date of April 30, 2023, but the Tenants never made any payments according to the plan. 11. 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. 12. The Landlord’s representative and agent were not aware of any circumstances that should be considered in a determination of whether to provide the Tenants with eviction relief, nor were the Tenants or their representative present at the hearing to provide submissions with respect to the Tenants’ relief from eviction. For these reasons, it would be unfair to the Landlord to grant the Tenants with eviction relief. 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: • $4,948.73 if the payment is made on or before April 15, 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 15, 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-048944-22 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 15, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $431.14. 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 2023 ONLTB 28148 (CanLII) 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 Landlord compensation of $59.46 per day for the use of the unit starting March 17, 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 April 15, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 16, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before April 15, 2023, then starting April 16, 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 16, 2023. April 4, 2023 ____________________________ Date Issued Frank Ebner 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 16, 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. 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 April 15, 2023 Rent Owing To April 30, 2023 $16,575.96 Application Filing Fee $186.00 NSF Charges $0.00 Order Page: 3 of 4  File Number: LTB-L-048944-22 Less the amount the Tenant paid to the Landlord since the - $11,813.23 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 2023 ONLTB 28148 (CanLII) an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $4,948.73 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $13,910.44 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $11,813.23 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,808.44 Less the amount of the interest on the last month's rent deposit - $43.63 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $431.14 Plus daily compensation owing for each day of occupation starting $59.46 March 17, 2023 (per day) Order Page: 4 of 4