LTB Order LTB-L-053392-22

2023 ONLTB 32834 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: T.A.S. v K.K., 2023 ONLTB 32834 Date: 2023-04-24 File Number: LTB-L-053392-22 In T. matter of: AM-670 Oxford Street East London, ON N5Y 3J4 Between: T.A.S. Landlord And K.K. Tenants Parneet Kaur T.A.S. (T. 'Landlord') applied for an order to terminate T. tenancy and evict K.K. and Parneet Kaur (T. 'Tenants') because T. Tenants did not pay T. rent that T. Tenants owe. This application was heard by videoconference on April 11, 2023. Only T. Landlord’s agent David Russell and T. Landlord’s Legal Representative Jonathan Day attended T. hearing. As of 1:49 pm, T. Tenants were not present or represented at T. hearing although properly served with notice of this hearing by T. LTB. There was no record of a request to adjourn T. hearing. As a result, T. hearing proceeded with only T. Landlord's evidence. Determinations: 1. T. Landlord served T. Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). T. Tenants did not void T. notice by paying T. amount of rent arrears owing by T. termination date in T. N4 Notice or before T. date T. application was filed. 2. As of T. hearing date, T. Tenants were still in possession of T. rental unit. 3. T. lawful rent is $625.46. It is due on T. 1st day of each month. Order Page: 1 of 4  File Number: LTB-L-053392-22 4. Based on T. Monthly rent, T. daily rent/compensation is $20.56. This amount is calculated as follows: $625.46 x 12, divided by 365 days. 5. T. Tenants have paid $1,560.00 to T. Landlord since T. application was filed. 6. T. rent arrears owing to April 30, 2023 are $7,630.81. 2023 ONLTB 32834 (CanLII) 7. T. Landlord incurred costs of $186.00 for filing T. application and is entitled to reimbursement of those costs. 8. T. Landlord collected a rent deposit of $600.00 from T. Tenants and this deposit is still being held by T. Landlord. T. rent deposit can only be applied to T. last rental period of T. tenancy if T. tenancy is terminated. 9. Interest on T. rent deposit, in T. amount of $37.86 is owing to T. Tenants for T. period from November 1, 2018 to April 11, 2023. 10. I have considered all of T. disclosed circumstances in accordance with subsection 83(2) of T. Residential Tenancies Act, 2006 (T. 'Act'), including whether T. Landlord attempted to negotiate a repayment agreement with T. Tenants and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of T. Act. It is ordered that: 11. T. tenancy between T. Landlord and T. Tenants is terminated unless T. Tenants void this order. 12. T. Tenants may void this order and continue T. tenancy by paying to T. Landlord: 1. $7,816.81 if T. payment is made on or before April 30, 2023. See Schedule 1 for T. calculation of T. amount owing. OR 2. $8,442.27 if T. payment is made on or before May 5, 2023. See Schedule 1 for T. calculation of T. amount owing. 13. T. Tenants may also make a motion at T. LTB to void this order under section 74(11) of T. Act, if T. Tenants have paid T. full amount owing as ordered plus any additional rent that became due after May 5, 2023 but before T. Court Enforcement Office (Sheriff) enforces T. eviction. T. Tenants may only make this motion once during T. tenancy. 14. If T. Tenants do not pay T. amount required to void this order T. Tenants must move out of T. rental unit on or before May 5, 2023. 15. If T. Tenants do not void T. order, T. Tenants shall pay to T. Landlord $6,779.65. This amount includes rent arrears owing up to T. date of T. hearing and T. cost of filing T. application. T. rent deposit and interest T. Landlord owes on T. rent deposit are Order Page: 2 of 4  File Number: LTB-L-053392-22 deducted from T. amount owing by T. Tenants. See Schedule 1 for T. calculation of T. amount owing. 16. T. Tenants shall also pay T. Landlord compensation of $20.56 per day for T. use of T. unit starting April 12, 2023 until T. date T. Tenants move out of T. unit. 2023 ONLTB 32834 (CanLII) 17. If T. Tenants do not pay T. Landlord T. full amount owing on or before May 5, 2023, T. Tenants will start to owe interest. This will be simple interest calculated from May 6, 2023 at 6.00% annually on T. balance outstanding. 18. T. Landlord or T. Tenants shall pay to T. other any sum of money that is owed as a result of this order. 19. If T. unit is not vacated on or before May 5, 2023, then starting May 6, 2023, T. Landlord may file this order with T. Court Enforcement Office (Sheriff) so that T. eviction may be enforced. 20. Upon receipt of this order, T. Court Enforcement Office (Sheriff) is directed to give vacant possession of T. unit to T. Landlord on or after May 6, 2023. April 24, 2023 ____________________________ Date Issued Jagger Benham Member, Landlord and 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 T. Act, T. part of this order relating to T. eviction expires on November 6, 2023 if T. order has not been filed on or before this date with T. Court Enforcement Office (Sheriff) that has territorial jurisdiction where T. rental unit is located. Order Page: 3 of 4  File Number: LTB-L-053392-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount T. Tenants must pay to void T. eviction order and continue T. tenancy if T. payment is made on or before April 30, 2023 2023 ONLTB 32834 (CanLII) Rent Owing To April 30, 2023 $9,190.81 Application Filing Fee $186.00 Less T. amount T. Tenants paid to T. Landlord since T. - $1,560.00 application was filed Total T. Tenants must pay to continue T. tenancy $7,816.81 B. Amount T. Tenants must pay to void T. eviction order and continue T. tenancy if T. payment is made on or before May 5, 2023 Rent Owing To May 31, 2023 $9,816.27 Application Filing Fee $186.00 Less T. amount T. Tenants paid to T. Landlord since T. - $1,560.00 application was filed Total T. Tenants must pay to continue T. tenancy $8,442.27 C. Amount T. Tenants must pay if T. tenancy is terminated Rent Owing To Hearing Date $8,791.51 Application Filing Fee $186.00 Less T. amount T. Tenants paid to T. Landlord since T. - $1,560.00 application was filed Less T. amount of T. last month's rent deposit - $600.00 Less T. amount of T. interest on T. last month's rent deposit - $37.86 Total amount owing to T. Landlord $6,779.65 Plus daily compensation owing for each day of occupation starting $20.56 April 12, 2023 (per day) Order Page: 4 of 4