LTB Order LTB-L-050473-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: Z. v F., 2023 ONLTB 75681 2023 ONLTB 75681 (CanLII) Date: 2023-11-21 File Number: LTB-L-050473-23 In the matter of: 384 DIANNE DR OSHAWA ON L1H7A6 Between: T.Z. Landlord And A.F. Tenants Jennifer Freeman T.Z. (the 'Landlord') applied for an order to terminate the tenancy and evict A.F. and Jennifer Freeman (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on November 7, 2023. The Landlord and the Tenant, A.F., attended the hearing. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Non- payment 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 $3,280.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $107.84. This amount is calculated as follows: $3,280.00 x 12, divided by 365 days. 5. The Tenants have paid $5,960.00 to the Landlord since the application was filed. 6. The rent arrears owing to November 30, 2023 are $12,520.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $3,200.00 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. Order Page 1 of 5  File Number: LTB-L-050473-23 9. Interest on the rent deposit, in the amount of $140.76 is owing to the Tenants for the period from July 29, 2021 to November 7, 2023. Relief from Eviction 2023 ONLTB 75681 (CanLII) 10. The Tenant, A.F. (AF), requested that the Board exercise its discretion by allowing the Tenants to remain in possession of the unit. AF testified that the arrears could be paid within 10 days of the date of the hearing. AF testified that she will be receiving a large grant and will be able to make arrangements with the Landlord to make the necessary payment to cover the arrears. 11. The Landlord was not opposed to this proposal as long as the Tenants keep their word and pay the arrears, otherwise the Landlord wants to terminate the tenancy. 12. 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. The Tenant, AF, testified that she is going to be in a position to pay the full amount owing within 10 days from the hearing date and that will be enough time for her to make that payment. This order provides a voiding date which is 11 days from the order date, and it is more than the time that the Tenant requested. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust:  $12,706.00 if the payment is made on or before November 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $15,986.00 if the payment is made on or before December 2, 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 December 2, 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 December 2, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $6,840.12. 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 Order Page 2 of 5  File Number: LTB-L-050473-23 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 $107.84 per day for the use of the unit starting November 8, 2023 until the date the Tenants moves out of the unit. 2023 ONLTB 75681 (CanLII) 7. If the Tenants do not pay the Landlord the full amount owing on or before December 2, 2023, the Tenants will start to owe interest. This will be simple interest calculated from December 3, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before December 2, 2023, then starting December 3, 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 December 3, 2023. November 21, 2023 Date Issued Teresa Hunt 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 June 3, 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-050473-23 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 November 30, 2023 2023 ONLTB 75681 (CanLII) Rent Owing To November 30, 2023 $18,480.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $5,960.00 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 $12,706.00 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before December 2, 2023 Rent Owing To December 31, 2023 $21,760.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $5,960.00 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 $15,986.00 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $15,954.88 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $5,960.00 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 - $3,200.00 Less the amount of the interest on the last month's rent deposit - $140.76 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Order Page 4 of 5  File Number: LTB-L-050473-23 Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $6,840.12 Plus daily compensation owing for each day of occupation starting $107.84 November 8, 2023 (per day) 2023 ONLTB 75681 (CanLII) Order Page 5 of 5