LTB Order LTB-L-052813-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 32594 (CanLII) Citation: IMH POOL XX LP v K., 2023 ONLTB 32594 Date: 2023-04-25 File Number: LTB-L-052813-22 In the matter of: 2706, 2460 WESTON RD NORTH YORK ON M9N2A4 Between: IMH POOL XX LP Landlord A. D.K.A.E.D. Tenants IMH POOL XX LP (the 'Landlord') applied for an order to terminate the tenancy A. evict D. K. A. E. D. (the 'Tenants') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 30, 2023. The Landlord’s legal representative Matt Anderson attended the hearing. The Tenant E. D. attended the hearing on behalf of both Tenants. At the outset of the hearing, the parties advised that they had reached a consent. The parties agreed to the amount owing inclusive of arrears ($1,497.42) A. costs ($186.00) to March 31, 2023 is $1,683.42. The parties agreed to a standard order with an extension of time for the Tenant to void the order to April 30, 2023. However, based on the date of issuance of this order, the deadline for the Tenant to void the order includes the option to void the order by April 30, 2023. This order also provides an alternate date of May 6, 2023 in which the Tenants may void the order to allow time for the receipt of the order by the Tenants following the issuance of the order on April 25, 2023. 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. Order Page: 1 of 4  File Number: LTB-L-052813-22 3. The lawful rent is $1,321.19. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $43.44. This amount is calculated as follows: $1,321.19 x 12, divided by 365 days. 5. The Tenants have paid $7,361.00 to the Landlord since the application was filed. 2023 ONLTB 32594 (CanLII) 6. The rent arrears owing to March 31, 2023 are $1,497.42. 7. The Landlord collected a rent deposit of $1,287.44 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. 8. Interest on the rent deposit, in the amount of $18.10 is owing to the Tenants for the period from January 1, 2021 to March 30, 2023. 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 A. whether the Landlord attempted to negotiate a repayment agreement with the Tenant A. find that it would not be unfair to postpone the eviction until May 6, 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 Tenant voids this order. 2. The Tenants may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $3,004.61 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $4,325.80 if the payment is made on or before May 6, 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 Tenant has paid the full amount owing as ordered plus any additional rent that became due after May 6, 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 Tenant must move out of the rental unit on or before May 6, 2023 5. The Tenants shall also pay the Landlord compensation of $43.44 per day for the use of the unit starting March 31, 2023 until the date the Tenant moves out of the unit. Order Page: 2 of 4  File Number: LTB-L-052813-22 6. If the Tenants do not pay the Landlord the full amount owing on or before May 6, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 7, 2023 at 6.00% annually on the balance outstanding. 7. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 2023 ONLTB 32594 (CanLII) 8. If the unit is not vacated on or before May 6, 2023, then starting May 7, 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 May 7, 2023. April 25, 2023 ____________________________ Date Issued Kimberly Parish 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 7, 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-052813-22 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 32594 (CanLII) Rent Owing To April 30, 2023 $10,179.61 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,361.00 application was filed Total the Tenants must pay to continue the tenancy $3,004.61 B. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before May 6, 2023 Rent Owing To May 31, 2023 $11,500.80 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,361.00 application was filed Total the Tenants must pay to continue the tenancy $4,325.80 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $8,840.43 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,361.00 application was filed Less the amount of the last month's rent deposit - $1,287.44 Less the amount of the interest on the last month's rent deposit - $18.10 Total amount owing to the Landlord $359.89 Plus daily compensation owing for each day of occupation starting $43.44 March 31, 2023 (per day) Order Page: 4 of 4