LTB Order LTB-L-053466-22

2023 ONLTB 31673 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Frankware Inc. v S., 2023 ONLTB 31673 Date: 2023-04-19 File Number: LTB-L-053466-22 In the matter of: 37 High St. Vankleek Hill ON K0B1R0 Between: Frankware Inc. Landlord And C.S. Tenants Marcel Paquette Frankware Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict C. S. and Marcel Paquette (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 30, 2023. Only the Landlord’s Representative Frank Akujobi attended the hearing. The Tenant Chantele S. logged in the morning but disconnected at 9:20 a.m. and did not log back in. I stood the matter down till the end of the block to give the Tenant a chance to log back into the Hearing. As of 11:25 a.m., the Tenants were not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. The N4 and the application had different addresses. The N4 listed the address as 37 High St. Vankleek Hill and the application listed the address as 37 Highway 34, Vankleek Hill. At the hearing the Landlord testified that the address of the rental unit was 37 High St, Vankleek Hill. Hence the application is amended to correct the address. 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 Order Page: 1 of 5  File Number: LTB-L-053466-22 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 $1,185.00. It is due on the 1st day of each month. 2023 ONLTB 31673 (CanLII) 5. Based on the Monthly rent, the daily rent/compensation is $38.96. This amount is calculated as follows: $1,185.00 x 12, divided by 365 days. 6. The Tenants has paid $7,487.50 to the Landlord since the application was filed. 7. The rent arrears owing to March 31, 2023 are $1,185.00. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until May 15, 2023 pursuant to subsection 83(1)(b) of the Act. 11. The Landlord testified that the Tenants were going through a separation. He also testified to the fact how the late payment of rent was affecting his business as well but its not breaking the bank for him He was willing to give the Tenant additional time till April 30, 2023 to pay the rent arrears but due to the delay in issuing this order, I am granting extra time till May 15, 2023 to pay off all arrears. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $2,556.00 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $3,741.00 if the payment is made on or before May 15, 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 has paid the full amount owing as ordered plus any additional rent that became due after May 15, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. Order Page: 2 of 5  File Number: LTB-L-053466-22 4. If the Tenants does not pay the amount required to void this order the Tenants must move out of the rental unit on or before May 15, 2023 5. If the Tenants does not void the order, the Tenants shall pay to the Landlord $1,354.80. 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. 2023 ONLTB 31673 (CanLII) 6. The Tenants shall also pay the Landlord compensation of $38.96 per day for the use of the unit starting March 31, 2023 until the date the Tenants moves out of the unit. 7. If the Tenants does not pay the Landlord the full amount owing on or before May 15, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 16, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before May 15, 2023, then starting May 16, 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 16, 2023. April 19, 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 November 16, 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-053466-22 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 30, 2023 2023 ONLTB 31673 (CanLII) Rent Owing To April 30, 2023 $9,857.50 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $7,487.50 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 $2,556.00 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before May 15, 2023 Rent Owing To May 31, 2023 $11,042.50 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $7,487.50 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 $3741.00 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $8,656.30 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $7,487.50 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 Order Page: 4 of 5  File Number: LTB-L-053466-22 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 $1,354.80 Plus daily compensation owing for each day of occupation starting $38.96 2023 ONLTB 31673 (CanLII) March 31, 2023 (per day) Order Page: 5 of 5