LTB Order LTB-L-051981-22

2023 ONLTB 31441 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: D. v R., 2023 ONLTB 31441 Date: 2023-04-17 File Number: LTB-L-051981-22 In the matter of: 130 DINISON CRES KITCHENER ON N2E2V2 Between: R.D. Landlord And T.R. Tenants Valarie R. R.D. (the 'Landlord') applied for an order to terminate the tenancy and evict T. R. and Valarie R. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 28, 2023. Only the Landlord’s Legal Representative J. Dean attended the hearing. Tenant’s attendance: 1. The hearing was scheduled to start at 9:00 a.m. The Tenant T.R. logged into the hearing around 9:00 a.m. and was still there till about 10:15 a.m. After that the Tenant logged off and did not dial back in and matter was heard on an uncontested basis at 11:44 a.m. 2. The Landlord’s Legal Representative tried to reach out to the other Tenant Valerie R. but she made an excuse about her phone being too old. She did not tell the Landlord’s Legal Representative any reason other than that deterred the Tenants from logging back in. 3. I stood the matter down till the end of the hearing to allow the Tenants time to dial back in but they did not till 11:44 a.m. Order Page: 1 of 4  File Number: LTB-L-051981-22 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 2023 ONLTB 31441 (CanLII) 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 $1,995.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $65.59. This amount is calculated as follows: $1,995.00 x 12, divided by 365 days. 5. The Tenants has not made any payments since the application was filed. 6. The rent arrears owing to March 31, 2023 are $27,530.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. 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 Tenants have made no effort to pay or reach out to the Landlord even after multiple attempts from him and his representative. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $29,711.00 if the payment is made on or before April 28, 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 April 28, 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 April 28, 2023 Order Page: 2 of 4  File Number: LTB-L-051981-22 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $27,557.52. This amount includes rent arrears owing up to the date of the hearing and 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 $65.59 per day for the use of the unit starting March 29, 2023 until the date the Tenants moves out of the unit. 2023 ONLTB 31441 (CanLII) 7. If the Tenants does not pay the Landlord the full amount owing on or before April 28, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 29, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before April 28, 2023, then starting April 29, 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 April 29, 2023. April 17, 2023 ____________________________ Date Issued Sheena Brar Member, Landlord and Tenants 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 October 29, 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 4  File Number: LTB-L-051981-22 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 April 28, 2023 2023 ONLTB 31441 (CanLII) Rent Owing To April 30, 2023 $29,525.00 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 is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $29,711.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $27,371.52 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 - $0.00 application was filed Less the amount of the last month's rent deposit -$ 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 is entitled to - $0.00 Total amount owing to the Landlord $27,557.52 Plus daily compensation owing for each day of occupation starting $65.59 March 29, 2023 (per day) Order Page: 4 of 4