LTB Order LTB-L-059197-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 36601 (CanLII) Citation: J.C. v Aliyah M. Clayborne, 2023 ONLTB 36601 Date: 2023-05-11 File Number: LTB-L-059197-22 In the matter of: 65 ELFREDA BLVD SCARBOROUGH ON M1L4L5 Between: J.C. Landlord And A.M.C. Tenants Ali M. Clayborne, Aliyah M. Clayborne, Nebila Ahmed M. J.C. (the 'Landlord') applied for an order to terminate the tenancy and evict A. M. Clayborne, Ali M. Clayborne, Aliyah M. Clayborne and Nebila Ahmed M. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on April 25, 2023. The Landlord and the third-named Tenant attended 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 $2,900.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $95.34. This amount is calculated as follows: $2,900.00 x 12, divided by 365 days. 5. The Tenants have paid $6,610.00 to the Landlord since the application was filed. 6. The rent arrears owing to April 30, 2023 are $21,050.00. Order Page: 1 of 4  File Number: LTB-L-059197-22 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. At the hearing, the Tenant stated their desire to stay at the rental unit but were having 2023 ONLTB 36601 (CanLII) issues with irregular payments coming from Ontario Works. The unpredictability of the payments from OW made paying rent difficult. 10. The Tenant was unable to propose a payment plan because the family’s current income is not high enough to pay the rent coming due, let alone to pay anything towards the arrears. 11. When asked if any of the Tenants had any other issues that the Board should consider, pursuant to section 83 of the Residential Tenancies Act, 2006 (the ‘Act’), the Tenant responded that there were none. 12. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Act, including the impact of COVID-19 on the parties and 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. 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: • $24,136.00 if the payment is made on or before May 31, 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 31, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant 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 31, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $20,719.50. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $95.34 per day for the use of the unit starting April 26, 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 31, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 1, 2023 at 6.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-059197-22 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 May 31, 2023, then starting June 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 2023 ONLTB 36601 (CanLII) 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 1, 2023. May 11, 2023 ____________________________ Date Issued Robert Brown 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 December 1, 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 Canadian 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-059197-22 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 May 31, 2023 2023 ONLTB 36601 (CanLII) Rent Owing To May 31, 2023 $30,560.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $6,610.00 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 $24,136.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $27,143.50 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $6,610.00 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 - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 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 $20,719.50 Plus daily compensation owing for each day of occupation starting $95.34 April 26, 2023 (per day) Order Page: 4 of 4