LTB Order LTB-L-050911-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: S. v K., 2023 ONLTB 32727 2023 ONLTB 32727 (CanLII) Date: 2023-04-24 File Number: LTB-L-050911-22 In the matter of: Basement 2, 3038 WESTON RD NORTH YORK ON M9M2S7 Between: P.G.A.S.P.S. L. A. L. K. A. L. K. Tenants P.G.A.S.P.S. (the 'L.') applied for an order to terminate the tenancy A. evict L. K. A. L. K. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 28, 2023. The L.’ Representative Y. Bhullar A. the Tenant L. K. attended the hearing. Determinations: 1. The L. 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 $1,400.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $46.03. This amount is calculated as follows: $1,400.00 x 12, divided by 365 days. 5. The Tenants have paid $1,100.00 to the L. since the application was filed. 6. The rent arrears owing to March 31, 2023 are $11,900.00. 7. The Landlord 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 $1,400.00 from the Tenant 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 $37.68 is owing to the Tenants for the period from March 1, 2022 to March 28, 2023. Order Page: 1 of 5  File Number: LTB-L-050911-22 10. The Tenant presented a payment plan that would have them paying the monthly rent on the first of every month A. $500.00 towards the arrears every month. They could not tell me how they were going to do it. 11. The L.’ Representative opposed the payment plan due to how long it would take 2023 ONLTB 32727 (CanLII) for the L. to be paid back A. the lack of evidence presented as to how the Tenants would be able to pay the arrears. Any further delay would be prejudicial to the L. A. there is no evidence that the tenancy is viable moving forward. 12. 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. Given that the Tenants’ proposal would take them over two years for them to pay back the arrears A. that there is no evidence that they would be able to meet their proposed payment plan, I find it unfair to the L. to proceed with the requested payment plan. It is ordered that: 1. The tenancy between the L. A. the Tenants is terminated unless the Tenant 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:  $13,486.00 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $14,886.00 if the payment is made on or before May 5, 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 5, 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 May 5, 2023 5. If the Tenants do not void the order, the Tenant sshall pay to the Landlord $10,537.16. 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. owe 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 $46.03 per day for the use of the unit starting March 29, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the L. the full amount owing on or before May 5, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 6, 2023 at 6.00% annually on the balance outstanding. Order Page: 2 of 5  File Number: LTB-L-050911-22 8. The L. 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 5, 2023, then starting May 6, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the 2023 ONLTB 32727 (CanLII) 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 L. on or after May 6, 2023. April 24, 2023 Date Issued William Greenberg 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 6, 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. Order Page: 3 of 5  File Number: LTB-L-050911-22 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 April 30, 2023 2023 ONLTB 32727 (CanLII) Rent Owing To April 30, 2023 $14,400.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $1,100.00 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 are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $13,486.00 B. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before May 5, 2023 Rent Owing To May 31, 2023 $15,800.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $1,100.00 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 are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $14,886.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $12,888.84 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $1,100.00 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 - $1,400.00 Less the amount of the interest on the last month's rent deposit - $37.68 Less the amount the L. owes the Tenants for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-050911-22 Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the L. $10,537.16 Plus daily compensation owing for each day of occupation starting $46.03 March 29, 2023 (per day) 2023 ONLTB 32727 (CanLII) Order Page: 5 of 5