LTB Order LTB-L-051498-23

2023 ONLTB 66296 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: R. v N., 2023 ONLTB 66296 Date: 2023-10-05 File Number: LTB-L-051498-23 In the matter of: 771 Eddystone Path Oshawa ON L1H0A7 Between: M.N.R. Landlord A. J.K.N.A.K.L.W. Tenants M.N.R. (the 'Landlord') applied for an order to terminate the tenancy A. evict J.K.N.A.K.L.W. (the 'Tenants') because the Tenants did not pay the rent that the Tenant owes. This application was heard by videoconference on September 26, 2023. The Landlord, represented by Reena Basser, A. the Tenant J. K. N., attended the hearing. Determinations: 1. The tenancy commenced on April 1, 2023. The Tenant moved into the rental unit on April 2, 2023 after paying first A. last month rent. The Tenant have made no payments to the Landlord since moving into the rental unit. The Landlord’s representative submits that she reached out to the Tenants in July A. August in an attempt to work with the Tenants. The Landlord’s representative also submitted as evidence an order against the Tenants where in 2021 they owed the Landlord $21,134.20 when they vacated the rental unit to demonstrate that the Tenants are unlikely to comply with a repayment plan if one were ordered. 2. 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. 3. As of the hearing date, the Tenants were still in possession of the rental unit. 4. The lawful rent is $2,800.00. It is due on the 1st day of each month. Order Page 1 of 6  File Number: LTB-L-051498-23 5. Based on the Monthly rent, the daily rent/compensation is $92.05. This amount is calculated as follows: $2,800 x 12, divided by 365 days. 6. The Tenants have not made any payments since the application was filed. 7. The rent arrears owing to September 30, 2023 are $14,000.00. 2023 ONLTB 66296 (CanLII) 8. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $2,880.00 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. 10. Interest on the rent deposit, in the amount of $36.89 is owing to the Tenants for the period from March 24, 2023 to September 26, 2023. 11. 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. 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: • $16,986.00 if the payment is made on or before October 16, 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 October 16, 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 October 16, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $19,941.41. 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 Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $92.05 per day for the use of the unit starting September 27, 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 October 16, 2023, the Tenants will start to owe interest. This will be simple interest calculated from October 17, 2023 at 6.00% annually on the balance outstanding. Order Page 2 of 6  File Number: LTB-L-051498-23 8. If the unit is not vacated on or before October 16, 2023, then starting October 17, 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 October 17, 2023. 2023 ONLTB 66296 (CanLII) October 5, 2023 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 ____________________________ Greg Joy Member, Landlord A. Tenant Board Date Issued 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 April 17, 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 6  File Number: LTB-L-051498-23 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 66296 (CanLII) Rent Owing To Hearing Date $13,592.30 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 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 - $2,880.00 Less the amount of the interest on the last month's rent deposit - $36.89 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 Order Page 4 of 6  File Number: LTB-L-051498-23 Total amount owing to the Landlord $10,941.41 Plus daily compensation owing for each day of occupation starting $92.05 September 27, 2023 (per day) A. Amount the Tenants must pay to void the eviction order A. continue the tenancy if 2023 ONLTB 66296 (CanLII) the payment is made on or before October 16, 2023 Rent Owing To October 31, 2023 $16,800.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 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 are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $16,986.00 B. Amount the Tenants must pay if the tenancy is terminated Order Page 5 of 6 File Number: LTB-L-051498-23 2023 ONLTB 66296 (CanLII) Order Page 6 of 6