LTB Order LTB-L-056464-22

2023 ONLTB 56267 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: M. v D., 2023 ONLTB 56267 Date: 2023-08-15 File Number: LTB-L-056464-22 In the matter of: 344 RIDLEY CRESCENT DUNDLAK ON N0C1B0 Between: H.M. Landlord And T.V.D. Tenants William Blanchard H.M. (the 'Landlord') applied for an order to terminate the tenancy and evict T. V. D. and William Blanchard (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This is the L1 application. The Landlord also applied for an order to terminate the tenancy and evict the Tenants because the Tenants have been persistently late in paying the Tenants’ rent. This is the L2 application. This application was heard by videoconference on July 18, 2023. The Landlord, and the Landlord’s Legal Representative, Samila Waslat, attended the hearing. As of 9:45 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: L1 Application Order Page 1 of 5  File Number: LTB-L-056464-22 1. The Landlord 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. 2023 ONLTB 56267 (CanLII) 3. The lawful rent is $2,200.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $72.33. This amount is calculated as follows: $2,200.00 x 12, divided by 365 days. 5. The Tenants have paid $5,292.00 to the Landlord since the application was filed. 6. The rent arrears owing to July 31, 2023 are $22,108.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,200.00 from the Tenants and 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 $75.07 is owing to the Tenants for the period from August 30, 2021 to July 18, 2023. 10. The Landlord testified that they are unaware of any circumstances of the Tenants that would cause the termination of the tenancy to be delayed or denied. Since the Tenant did not attend the hearing to give evidence of their circumstances, I am unable to determine if any relief from eviction should be considered. 11. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), whether the Landlord attempted to negotiate a repayment agreement with the Tenants and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. L2 Application 12. As explained below, the Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. Therefore, the tenancy is terminated on August 26, 2023. 13. On September 8, 2022, the Landlord gave the Tenant an N8 notice of termination (‘N8 Notice). The termination date on the N8 Notice is November 30, 2022 and contains the allegation that for the period of December 1, 2021 to September 1, 2022, the Tenants have not paid the monthly rent in full and on the day it is due. 14. The Landlord’s Legal Representative submitted a rent ledger as evidence. The rent ledger shows that for the period of October 2022 to July 2023, the Tenants have continued the behaviour of not paying the rent in full or on time. For the period of December 1, 2021 to July 1, 2023, the Tenants have paid the rent late a total of twenty times. Order Page 2 of 5  File Number: LTB-L-056464-22 15. Based on the uncontested evidence before me, I am satisfied the Tenants have been persistently late in paying the monthly rent. 16. 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 grant relief from eviction pursuant to subsection 83(1)(a) of the Act. 2023 ONLTB 56267 (CanLII) It is ordered that: L1 Application 1. The tenancy between the Landlord and the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $24,494.00 if the payment is made on or before August 26, 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 have paid the full amount owing as ordered plus any additional rent that became due after August 26, 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 August 26, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $19,120.87. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and 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. 6. The Tenants shall also pay the Landlord compensation of $72.33 per day for the use of the unit starting July 19, 2023 until the date the Tenant moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before August 26, 2023, the Tenant will start to owe interest. This will be simple interest calculated from August 27, 2023 at 6.00% annually on the balance outstanding. L2 Application 8. If the Tenants void the L1 order pursuant to paragraph 2 above, the tenancy between the Landlord and the Tenants is nevertheless terminated as of August 26, 2023. Order Page 3 of 5  File Number: LTB-L-056464-22 9. The Tenants must move out of the rental unit on or before August 26, 2023. 10. If the unit is not vacated on or before August 26, 2023, then starting August 27, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 2023 ONLTB 56267 (CanLII) 11. 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 August 27, 2023. August 15, 2023 ____________________ Date Issued Susan Priest 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 the Act, the part of this order relating to the eviction expires on February 27, 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 4 of 5  File Number: LTB-L-056464-22 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 August 26, 2023 2023 ONLTB 56267 (CanLII) Rent Owing To August 31, 2023 $29,600.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $5,292.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Total the Tenants must pay to continue the tenancy $24,494.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $26,501.94 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $5,292.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,200.00 Less the amount of the interest on the last month's rent deposit - $75.07 Total amount owing to the Landlord $19,120.87 Plus daily compensation owing for each day of occupation starting $72.33 July 19, 2023 (per day) Order Page 5 of 5