LTB Order LTB-L-049215-23

2023 ONLTB 75172 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: W. v D'angelo, 2023 ONLTB 75172 Date: 2023-11-15 File Number: LTB-L-049215-23 In the matter of: 25 DUCHESS DR CAMBRIDGE ON N1S4B9 Between: L.W.A.K.W. L. A. R. D'angelo A. K. A. Tenants L.W.A.K.W. (the 'L.') applied for an order to terminate the tenancy A. evict R. D'angelo A. K. A. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on November 7, 2023. Only the L.’ Legal Representative, Sara Vaz, A. one of the L., L. W., attended the hearing. As of 9:45 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 L.' 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 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 $2,300.00. It is due on the 1st day of each month. Order Page 1 of 5  File Number: LTB-L-049215-23 4. Based on the Monthly rent, the daily rent/compensation is $75.62. This amount is calculated as follows: $2,300.00 x 12, divided by 365 days. 5. The Tenants have paid $100.00 to the L. since the application was filed. 6. The rent arrears owing to November 30, 2023 are $14,050.00. 2023 ONLTB 75172 (CanLII) 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $2,300.00 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 $48.99 is owing to the Tenants for the period from January 1, 2023 to November 7, 2023. 10. 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. It is ordered that: 1. The tenancy between the L. 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 L. or to the LTB in trust: • $14,236.00 if the payment is made on or before November 26, 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 November 26, 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 November 26, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the L. $10,116.35. 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. owes 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 $75.62 per day for the use of the unit starting November 8, 2023 until the date the Tenants moves out of the unit. Order Page 2 of 5  File Number: LTB-L-049215-23 7. If the Tenants do not pay the L. the full amount owing on or before November 26, 2023, the Tenants will start to owe interest. This will be simple interest calculated from November 27, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 26, 2023, then starting November 27, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that 2023 ONLTB 75172 (CanLII) 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 November 27, 2023. 15 Grosvenor Street, Ground Floor November 15, 2023 Date Toronto ON M7A 2G6 Issued ____________________________ L. Del Vecchio Member, Landlord A. Tenant Board 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 May 27, 2024 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-049215-23 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 November 26, 2023 2023 ONLTB 75172 (CanLII) Rent Owing To November 30, 2023 $14,150.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $100.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the L. 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 $14,236.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $12,379.34 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $100.00 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 - $2,300.00 Less the amount of the interest on the last month's rent deposit - $48.99 Less the amount the L. owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Order Page 4 of 5  File Number: LTB-L-049215-23 Total amount owing to the L. $10,116.35 Plus daily compensation owing for each day of occupation starting $75.62 November 8, 2023 (per day) 2023 ONLTB 75172 (CanLII) Order Page 5 of 5