LTB Order LTB-L-049836-22

2023 ONLTB 34046 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: O'Shanter Development Company Ltd. v H., 2023 ONLTB 34046 Date: 2023-05-03 File Number: LTB-L-049836-22 In the matter of: 411, 3000 YONGE ST TORONTO ON M4N2K5 Between: O' Shanter Development Company Ltd. Landlord A. E.H.A.K.S. Tenants O'Shanter Development Company Ltd. (the 'Landlord') applied for an order to terminate the tenancy A. evict E.H.A.K.S. (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 representative, the Tenant K S. A. Tenant Duty Counsel S Islam 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 $1,700.16. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $55.90. This amount is calculated as follows: $1,700.16 x 12, divided by 365 days. 5. The Tenants have paid $10,960.16 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $4,341.28. Order Page: 1 of 4  File Number: LTB-L-049836-22 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 $1,680.00 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 the tenancy if the tenancy is terminated. 2023 ONLTB 34046 (CanLII) 9. Interest on the rent deposit, in the amount of $17.14 is owing to the Tenants for the period from January 1, 2022 to March 16, 2023. Payment Plan presented at the hearing 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 that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 11. At the hearing, the Tenant K S. stated that the Tenants would pay the rent arrears as following: 1. $2,000.00 to be paid on or before March 17, 2023; 2. $1,000.00 to be paid on or before March 24, 2023; 3. $1,000.00 to be paid on or before March 31, 2023; 4. The remaining balance of $527.28 to be paid on or before April 7, 2023. 12. The Tenant also committed to paying April rent on or before April 1, 2023. 13. This order is being issued after the last payment date provided by the Tenant at the hearing. Therefore it is unnecessary to grant the Tenants any further relief. If they have already made the payments in accordance with the payment plan they presented at the hearing then the tenancy will continue. 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: • $7,927.60 if the payment is made on or before May 14, 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 May 14, 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 May 14, 2023 Order Page: 2 of 4  File Number: LTB-L-049836-22 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $2,024.38. 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 amount owing. 2023 ONLTB 34046 (CanLII) 6. The Tenants shall also pay the Landlord compensation of $55.90 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 May 14, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 15, 2023 at 6.00% 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 May 14, 2023, then starting May 15, 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 15, 2023. May 3, 2023 ____________________________ Date Issued Heather Kenny 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 November 15, 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 A. continue the tenancy if the payment is made on or before May 14, 2023 Rent Owing To May 31, 2023 $18,701.76 Application Filing Fee $186.00 NSF Charges $0.00 Order Page: 3 of 4  File Number: LTB-L-049836-22 Less the amount the Tenants paid to the Landlord since the - $10,960.16 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed 2023 ONLTB 34046 (CanLII) 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 $7,927.60 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $14,495.68 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $10,960.16 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 - $1,680.00 Less the amount of the interest on the last month's rent deposit - $17.14 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 Total amount owing to the Landlord $2,024.38 Plus daily compensation owing for each day of occupation starting $55.90 March 17, 2023 (per day) Order Page: 4 of 4