LTB Order LTB-L-055142-22

2023 ONLTB 45341 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: High Park Bayview Inc operating as Livmore High Park c/o GWL Realty Advisors Res v S. J. R., 2023 ONLTB 45341 Date: 2023-06-26 File Number: LTB-L-055142-22 In the matter of: 1008, 50 HIGH PARK AVE TORONTO ON M6P0B4 Between: High Park Bayview Inc operating as Livmore Landlord High Park c/o GWL Realty Advisors Res A. S.J.R.A.T.L.K. Tenants High Park Bayview Inc operating as Livmore High Park c/o GWL Realty Advisors Res (the 'Landlord') applied for an order to terminate the tenancy A. evict S. J. R. A. T. L. K. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on April 11, 2023. The Landlord’s Legal Representative Martin Zarnett A. the Tenants’ Agent Marcus Dejou attended the hearing. The Tenants’ Agent disconnected at 1:06 p.m. A. did not return to the hearing. 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. 3. The lawful rent is $2,186.00. It is due on the 1st day of each month. Order Page: 1 of 4  File Number: LTB-L-055142-22 4. Based on the Monthly rent, the daily rent/compensation is $71.87. This amount is calculated as follows: $2,186.00 x 12, divided by 365 days. 5. The Tenants have paid $8,050.00 to the Landlord since the application was filed. 6. The rent arrears owing to April 30, 2023 are $9,659.99. 2023 ONLTB 45341 (CanLII) 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,186.00 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. 9. Interest on the rent deposit, in the amount of $18.92 is owing to the Tenants for the period from January 1, 2022 to April 11, 2023. 10. It was the Landlord’s evidence that multiple letters were sent to the Tenants offering a payment plan, but no agreement was reached. The Tenants informed the Landlord that they intended to vacate the rental unit on April 30, 2023. 11. 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 Tenants A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $14,217.99 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $16,403.99 if the payment is made on or before July 7, 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 July 7, 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 July 7, 2023 Order Page: 2 of 4  File Number: LTB-L-055142-22 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $6,245.64. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 45341 (CanLII) 6. The Tenants shall also pay the Landlord compensation of $71.87 per day for the use of the unit starting April 12, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before July 7, 2023, the Tenants will start to owe interest. This will be simple interest calculated from July 8, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before July 7, 2023, then starting July 8, 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 July 8, 2023. June 26, 2023 ____________________________ Date Issued Margo den Haan 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 January 8, 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-055142-22 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 June 30, 2023 2023 ONLTB 45341 (CanLII) Rent Owing To June 30, 2023 $22,081.99 Application Filing Fee $186.00 Less the amount the Tenants paid to the Landlord since the - $8,050.00 application was filed Total the Tenants must pay to continue the tenancy $14,217.99 B. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before July 7, 2023 Rent Owing To July 31, 2023 $24,267.99 Application Filing Fee $186.00 Less the amount the Tenants paid to the Landlord since the - $8,050.00 application was filed Total the Tenants must pay to continue the tenancy $16,403.99 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $16,314.56 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $8,050.00 application was filed Less the amount of the last month's rent deposit - $2,186.00 Less the amount of the interest on the last month's rent deposit - $18.92 Total amount owing to the Landlord $6,245.64 Plus daily compensation owing for each day of occupation starting $71.87 April 12, 2023 (per day) Order Page: 4 of 4