LTB Order LTB-L-057571-22

Order under Section 69 R. Tenancies Act, 2006 Citation: S.C.R.G.F. II v A.G., 2023 ONLTB 34379 2023 ONLTB 34379 (CanLII) Date: 2023-05-08 File Number: LTB-L-057571-22 In the matter of: 1705, 301 DIXON RD ETOBICOKE ON M9R1S2 Between: S.C.R.G.F. Landlord II And A.G. Tenants Karthik Enduri Meghana Nagirimadugu S.C.R.G.F. II (the 'Landlord') applied for an order to terminate the tenancy and evict A.G., Karthik Enduri and Meghana Nagirimadugu (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on April 24, 2023. The Landlord’s legal representative, Jeff Shabes, and the Tenant, Karthik Enduri, attended the hearing. The Tenant indicated that they were representing all named Tenants in the application for the purpose of the hearing. At the hearing, the parties requested the following order on consent. The Tenant indicated that they had paid the Landlord the arrears outstanding for the period ending April 30, 2023 including the filing fee, however, as of the hearing, the Landlord was unable to confirm whether the amount cleared the Landlords account. 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 as of December 1, 2022 is $2,110.02. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $69.37. This amount is calculated as follows: $2,110.02 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-057571-22 5. The Tenant has paid $10,664.00 to the Landlord since the application was filed. 6. The rent arrears owing to April 30, 2023 are $4,602.60. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 34379 (CanLII) 8. The Landlord collected a rent deposit of $2,110.00 from the Tenant 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 $16.48 is owing to the Tenant for the period from January 1, 2023 to April 24, 2023. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the R. Tenancies Act, 2006 (the 'Act'), and 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 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:  $4,788.60 if the payment is made on or by April 30, 2023;  $6,898.62 if the payment is made on or before May 19, 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 May 19, 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 May 19, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $2,216.98. 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 $69.37 per day for the use of the unit starting April 25, 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 May 19, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 20, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. Order Page: 2 of 4  File Number: LTB-L-057571-22 9. If the unit is not vacated on or before May 19, 2023, then starting May 20, 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 2023 ONLTB 34379 (CanLII) possession of the unit to the Landlord on or after May 20, 2023. May 8, 2023 Date Issued Terri van Huisstede 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 November 20, 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. *Note: When the Board directs payment-out, the C. Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 3 of 4  File Number: LTB-L-057571-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 19, 2023 2023 ONLTB 34379 (CanLII) Rent Owing To May 31, 2023 $17,376.62 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $10,664.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $6,898.62 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $14,821.46 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $10,664.00 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 - $2,110.00 Less the amount of the interest on the last month's rent deposit - $16.48 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $2,216.98 Plus daily compensation owing for each day of occupation starting $69.37 April 25, 2023 (per day) Order Page: 4 of 4