LTB Order LTB-L-061181-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 38360 (CanLII) Citation: IMH POOL XX LP v Zia H., 2023 ONLTB 38360 Date: 2023-05-18 File Number: LTB-L-061181-22 In the matter of: 103-70 Rexdale Boulevard Etobicoke, ON M9W 1N8 Between: IMH POOL XX LP Landlord And E.H. Tenants Zia H. IMH POOL XX LP (the 'Landlord') applied for an order to terminate the tenancy and evict E. H. and Zia H. (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 26, 2023. The Landlord’s Legal Representative Krizia Hernandez and the Tenants 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 $2,261.31. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $74.34. This amount is calculated as follows: $2,261.31 x 12, divided by 365 days. 5. The Tenants have paid $6,728.78 to the Landlord since the application was filed. 6. The rent arrears owing to April 30, 2023 are $13,372.41. Order Page: 1 of 4  File Number: LTB-L-061181-22 7. The Landlord is entitled to $80.00 to reimburse the Landlord for administration charges and $20.00 for bank fees the Landlord incurred as a result of 4 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 and is entitled to reimbursement of those costs. 2023 ONLTB 38360 (CanLII) 9. The Landlord collected a rent deposit of $2,180.00 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. 10. Interest on the rent deposit, in the amount of $93.80 is owing to the Tenants for the period from January 29, 2021 to April 26, 2023. Section 83 Considerations 11. The Tenants testified that they fell into arrears due to financial problems caused during the COVID-19 pandemic. The Tenants testified that they required the full amount owing in order to pay off the entirety of the arrears before the end of April. Due to the issuance of this order, the Tenants will be given until the end of May to void this order. 12. 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 postpone the eviction until May 31, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 13. The tenancy between the Landlord and the Tenants is terminated unless the Tenants void this order. 14. The Tenants may void this order and continue the tenancy by paying to the Landlord: 1. $15,919.72 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. 15. 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 Tenants may only make this motion once during the tenancy. 16. 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. 17. If the Tenants do not void the order, the Tenants shall pay to the Landlord $11,056.14. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. 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. 18. The Tenants shall also pay the Landlord compensation of $74.34 per day for the use of the unit starting April 27, 2023 until the date the Tenants move out of the unit. Order Page: 2 of 4  File Number: LTB-L-061181-22 19. If the Tenants do not pay the Landlord the full amount owing on or before May 29, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 30, 2023 at 6.00% annually on the balance outstanding. 20. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 2023 ONLTB 38360 (CanLII) 21. 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. 22. 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 18, 2023 ____________________________ Date Issued Jagger Benham 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. Order Page: 3 of 4  File Number: LTB-L-061181-22 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 Rent Owing To May 31, 2023 $22,362.50 2023 ONLTB 38360 (CanLII) Application Filing Fee $186.00 NSF Charges $100.00 Less the amount the Tenants paid to the Landlord since the - $6,728.78 application was filed Total the Tenants must pay to continue the tenancy $15,919.72 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $19,772.72 Application Filing Fee $186.00 NSF Charges $100.00 Less the amount the Tenants paid to the Landlord since the - $6,728.78 application was filed Less the amount of the last month's rent deposit - $2,180.00 Less the amount of the interest on the last month's rent deposit - $93.80 Total amount owing to the Landlord $11,056.14 Plus daily compensation owing for each day of occupation starting $74.34 April 27, 2023 (per day) Order Page: 4 of 4