LTB Order LTB-L-057467-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: S.L. v H. M. C., 2023 ONLTB 40760 2023 ONLTB 40760 (CanLII) Date: 2023-06-01 File Number: LTB-L-057467-22 In the matter of: 305, 3150 DONNELLY ST WINDSOR ON N9C4E3 Between: S.L. Landlord A. C.P.A.H.M.C. Tenants S.L. (the 'Landlord') applied for an order to terminate the tenancy A. evict C. P. A. H. M. C. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on April 13, 2023. Only the Landlord’s agent, K. Cybulski, attended the hearing. As of 10:30 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 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. 3. The lawful rent is $1,124.55. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $36.97. This amount is calculated as follows: $1,124.55 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 April 30, 2023 are $8,956.41. Order Page: 1 of 4  File Number: LTB-L-057467-22 7. The Landlord is entitled to $180.66 to reimburse the Landlord for bank charges the Landlord incurred as a result of cheques given by or on behalf of the Tenants which were returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application A. is entitled to 2023 ONLTB 40760 (CanLII) reimbursement of those costs. 9. The Landlord collected a rent deposit of $1,123.43 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. 10. Interest on the rent deposit, in the amount of $23.87 is owing to the Tenants for the period from November 30, 2021 to April 13, 2023. 11. The Landlord’s agent said that the Landlord provides information A. help to all the tenants in the building for them to have access to programmes providing subsidies on the rent. He said that the Landlord wrote to the Tenants in August 2022, outlining the community programmes that could help them with rent arrears, A. also requesting that the Tenants propose repayment of the arrears. He said that there has been no contact at all from the Tenants about the arrears, A. he said that staff on site said that they saw the Tenants move out of the rental unit. 12. The Landlord requests a standard termination order. 13. I have considered all of the disclosed circumstances abovein 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. I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The Tenants have paid no rent at all in at least 8 months, they have ignored any attempts by the Landlord to discuss repayment, A. there is no evidence that the Tenants attempted to obtain help with the arrears from any of the programmes for which the Landlord provided them information. The arrears are now substantial, A. they are increasing each month. I find that the tenancy is no longer viable, A. it is prejudicial to the Landlord for it to continue. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated unless the Tenants voidsthis order. 2. The Tenants may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust:  $11,572.17 if the payment is made on or before June 12, 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 June 12, 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 4  File Number: LTB-L-057467-22 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 June 12, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $7,531.83. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the 2023 ONLTB 40760 (CanLII) application A. unpaid NSF charges. 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. 6. The Tenants shall also pay the Landlord compensation of $36.97 per day for the use of the unit starting April 14, 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 June 12, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 13, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before June 12, 2023, then starting June 13, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. 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 June 13, 2023. June 1, 2023 Date Issued Nancy Morris 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 December 13, 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 4  File Number: LTB-L-057467-22 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 12, 2023 2023 ONLTB 40760 (CanLII) Rent Owing To June 30, 2023 $11,205.51 Application Filing Fee $186.00 NSF Charges $180.66 Less the amount the Tenants paid to the Landlord since the - $0.00 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 are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $11,572.17 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $8,312.47 Application Filing Fee $186.00 NSF Charges $180.66 Less the amount the Tenants paid to the Landlord since the - $0.00 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 - $1,123.43 Less the amount of the interest on the last month's rent deposit - $23.87 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the Landlord $7,531.83 Plus daily compensation owing for each day of occupation starting $36.97 April 14, 2023 (per day) Order Page: 4 of 4