LTB Order LTB-L-054003-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Al-Wuhaishi v M. A. B., 2023 ONLTB 68410 2023 ONLTB 68410 (CanLII) Date: 2023-10-17 File Number: LTB-L-054003-22 In the matter of: 31, 3635 SOUTHBRIDGE AVE LONDON ON N6L0G8 Between: S.A.A.N.B. L. A. K. M. A. B., I. B. Tenants A. M. A. Abby B. A. M. S.A.A.N.B. (the 'L.') applied for an order to terminate the tenancy A. evict K. M. A. B., I. B. A. M. A. Abby B. A. M. (the 'Tenant') because the Tenant did not pay the rent that the Tenants owe (“L1 application”) The Landlord also applied for an order to terminate the tenancy A. evict the Tenants because the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. (“L2 application”) These applications were heard together by videoconference on August 24, 2023. The L. were represented at the hearing by Noura Majoul. 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: L1 Application 1. The L. served the Tenants with a valid Notice to End Tenancy Early for Non- payment 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 $2,399.00. It is due on the 1st day of each month. Order Page 1 of 4  File Number: LTB-L-054003-22 4. Based on the Monthly rent, the daily rent/compensation is $78.87. This amount is calculated as follows: $2,399.00 x 12, divided by 365 days. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to August 31, 2023, are $33,586.00. 2023 ONLTB 68410 (CanLII) 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $2,399.00 from the Tenants A. this deposit is still being held by the L.. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 9. Interest on the rent deposit, in the amount of $74.76 is owing to the Tenants for the period from May 27, 2022, to August 24, 2023. L2 Application 10. The L. served the Tenants with an N5 notice of termination on June 9, 2022. The notice contains the following allegations:  Foul odour emanating from the cats’ poop A. urine everywhere in the unit;  Powder room was in a very filthy condition where cats’ litter was all over the floor.  The Tenants do not seem to clean after their cats A. let them defecate A. urinate on the floor;  One of the bedrooms was used as a dumping room where tenants seem to throw garbage A. any unwanted stuff there. 11. On this basis the L. seeks to terminate the tenancy. 12. In support of their application the L. provide the Board with photographs A. videos substantiating the allegations contained in the notice. Based on the uncontested evidence before the Board I am satisfied the Tenants substantially interfered with the L. by keeping the rental unit in an unacceptable condition. I further find the Tenants did not void the notice of termination by returning the unit to an ordinary state of cleanliness within seven days of receiving the notice. 13. As a result, the Landlord’s L2 application is successful I will issue an order for the non- remedial termination of the tenancy. Relief from Eviction 14. 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 be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: Order Page 2 of 4  File Number: LTB-L-054003-22 1. The tenancy between the L. A. the Tenants is terminated pursuant to both the L1 A. the L2 applications. The Tenants must move out of the rental unit on or before October 28, 2023 2. The Tenants shall pay to the L. $30,792.12. This amount includes rent arrears 2023 ONLTB 68410 (CanLII) owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the L. owe on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 3. The Tenants shall also pay the L. compensation of $78.87 per day for the use of the unit starting August 25, 2023, until the date the Tenant moves out of the unit. 4. If the Tenants do not pay the Landlord the full amount owing on or before October 28, 2023, the Tenants will start to owe interest. This will be simple interest calculated from October 29, 2023, at 7.00% annually on the balance outstanding. 5. If the unit is not vacated on or before October 28, 2023, then starting October 29, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 6. 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 October 29, 2023. October 17, 2023 Date Issued Bryan Delorenzi 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 April 29, 2024 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-054003-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay because the tenancy is terminated. 2023 ONLTB 68410 (CanLII) Rent Owing To Hearing Date $33,079.88 Application Filing Fee $186.00 Less the amount of the last month's rent deposit - $2,399.00 Less the amount of the interest on the last month's rent deposit - $74.76 Total amount owing to the Landlord $30,792.12 Plus daily compensation owing for each day of occupation starting $78.87 August 25, 2023 (per day) Order Page 4 of 4