LTB Order LTB-L-050709-22

2023 ONLTB 34144 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: I.D.C. v D., 2023 ONLTB 34144 Date: 2023-05-05 File Number: LTB-L-050709-22 In the matter of: 325, 2290 COTTER'S CRES OTTAWA ON K1V8Y7 Between: I.D.C. Landlord A. D.L.A.R.D. Tenants I.D.C. (the 'Landlord') applied for an order to terminate the tenancy A. evict D.L.A.R.D. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 27, 2023. Only the Landlord’s representative S Arora attended the hearing. As of 2:03 pm, the Tenants were not present or represented at the hearing although properly served with notice of this hearing by the LTB. The Tenants filed an email in the online Tribunals Ontario portal A. stated that the Tenants may not be able to attend the hearing due to serious ongoing health issues. However, the Tenants did not request that the hearing be adjourned. 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 $2,195.00. It is due on the 1st day of each month. Order Page: 1 of 5  File Number: LTB-L-050709-22 4. Based on the Monthly rent, the daily rent/compensation is $72.16. This amount is calculated as follows: $2,195.00 x 12, divided by 365 days. 5. The Tenants have paid $8,779.99 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $9,975.01. 2023 ONLTB 34144 (CanLII) 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 $2,195.00 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. 9. Interest on the rent deposit, in the amount of $74.30 is owing to the Tenants for the period from May 13, 2021 to March 27, 2023. Relief from Eviction 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 not be unfair to postpone the eviction until June 30, 2023 pursuant to subsection 83(1)(b) of the Act. 11. The Landlord’s representative submitted that there was no known reason that the Tenants were not paying the rent A. there was no known reason to delay or deny the eviction. 12. The Tenants have been making some rental payments however the arrears continue to increase. 13. The Tenants wrote in their email that they recognized the tenancy was not viable on a long-term basis, A. they requested additional time to find suitable alternative accommodation. 14. I find that delaying the eviction to June 30, 2023 would not be unfair as it will allow the Tenants time to secure alternative housing. Due to their ongoing health challenges, including hospitalization, physical mobility issues, heart issues A. mental health issues, the Tenants require additional time to manage A. to secure suitable housing. 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: • $14,551.01 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $16,746.01 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 5  File Number: LTB-L-050709-22 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 June 30, 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 2023 ONLTB 34144 (CanLII) move out of the rental unit on or before June 30, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $7,645.03. 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. 6. The Tenants shall also pay the Landlord compensation of $72.16 per day for the use of the unit starting March 28, 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 16, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 17, 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 June 30, 2023, then starting July 1, 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 July 1, 2023. May 5, 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 January 1, 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. Schedule 1 SUMMARY OF CALCULATIONS Order Page: 3 of 5  File Number: LTB-L-050709-22 A. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $23,145.00 Application Filing Fee $186.00 2023 ONLTB 34144 (CanLII) NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $8,779.99 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 $14,551.01 B. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before June 30, 2023 Rent Owing To June 30, 2023 $25,340.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $8,779.99 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 $16,746.01 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $18,508.32 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $8,779.99 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 - $2,195.00 Less the amount of the interest on the last month's rent deposit - $74.30 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-050709-22 Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the Landlord $7,645.03 Plus daily compensation owing for each day of occupation starting $72.16 March 28, 2023 (per day) 2023 ONLTB 34144 (CanLII) Order Page: 5 of 5