LTB Order LTB-L-051722-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 30123 (CanLII) Citation: O.C.H. v M., 2023 ONLTB 30123 Date: 2023-04-12 File Number: LTB-L-051722-22 In the matter of: 328 MURRAY ST O. ON K1N5N4 Between: O.C.H. Landlord A. M.M.A.T.L. Tenants O.C.H. (the 'Landlord') applied for an order to terminate the tenancy A. evict M.M.A.T.L. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 29, 2023. The Landlord’s Agent, Anne-Marie Choquette, the Landlord’s Agent, Nahima Mohamed Said, A. the Tenants 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 $1,324.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $43.53. This amount is calculated as follows: $1,324.00 x 12, divided by 365 days. 5. The Tenants have paid $300.00 to the Landlord since the application was filed. Order Page: 1 of 5  File Number: LTB-L-051722-22 6. The rent arrears owing to March 31, 2023, are $9,405.00. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 2023 ONLTB 30123 (CanLII) 9. 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 May 31, 2023, pursuant to subsection 83(1)(b) 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: • $10,915.00 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $12,239.00 if the payment is made on or before May 31, 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 31, 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 31, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $9,203.94. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $43.53 per day for the use of the unit starting March 30, 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 31, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 1, 2023, at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before May 31, 2023, then starting June 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page: 2 of 5  File Number: LTB-L-051722-22 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 June 1, 2023. 2023 ONLTB 30123 (CanLII) April 12, 2023 ____________________________ Date Issued Michael Di Salle 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 December 1, 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-051722-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 30123 (CanLII) 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 Rent Owing To April 30, 2023 $11,029.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $300.00 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 $10,915.00 B. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $12,353.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $300.00 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 $12,239.00 Order Page: 4 of 5  File Number: LTB-L-051722-22 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $9,317.94 Application Filing Fee $186.00 NSF Charges $0.00 2023 ONLTB 30123 (CanLII) Less the amount the Tenants paid to the Landlord since the - $300.00 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 - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 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 $9,203.94 Plus daily compensation owing for each day of occupation starting $43.53 March 30, 2023 (per day) Order Page: 5 of 5