LTB Order LTB-L-061972-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: A. v W., 2023 ONLTB 18517 2023 ONLTB 18517 (CanLII) Date: 2023-02-06 File Number: LTB-L-061972-22 In the matter of: Unit 29, 2 BERNICK DR BARRIE ON L4M5K4 Between: R.A. Landlord And C.W. Tenants Cody Chislett Kyle Woodard R.A. (the 'Landlord') applied for an order to terminate the tenancy and evict C. W., Cody Chislett and Kyle Woodard (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 31, 2023. Only the Landlord’s legal representative, John Cramer, attended the hearing. As of 1:40pm, 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 $2,800.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $92.05. This amount is calculated as follows: $2,800.00 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 January 31, 2023 are $14,000.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 4  File Number: LTB-L-061972-22 8. The Landlord collected a rent deposit of $2,800.00 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 $50.63 is owing to the Tenants for the period 2023 ONLTB 18517 (CanLII) from May 13, 2022 to January 31, 2023. 10. The Landlord is struggling financially as a result of the Tenants not paying. The Landlord has tried reaching out to the Tenants regarding a payment proposal, but the Tenants do not respond to the Landlord or their representative to make a payment proposal. The Landlords representative indicated that the spoke with the Tenant, Cody Chislett, on January 25th and they indicated they would vacate by February 1, 2023. There was no discussions with the other Tenants regarding a move out of February 2023. 11. The Tenants did not attend the hearing to make submissions regarding their circumstances to consider. Based on the financial prejudice to the Landlord, I see no reason to grant any further relief to the Tenants. 12. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (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:  $16,986.00 if the payment is made on or before February 17, 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 February 17, 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 February 17, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $11,335.37. 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 $92.05 per day for the use of the unit starting February 1, 2023 until the date the Tenants moves out of the unit. Order Page: 2 of 4  File Number: LTB-L-061972-22 7. If the Tenants do not pay the Landlord the full amount owing on or before February 17, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 18, 2023 at 5.00% 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 2023 ONLTB 18517 (CanLII) result of this order. 9. If the unit is not vacated on or before February 17, 2023, then starting February 18, 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 February 18, 2023. February 6, 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 August 18, 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-061972-22 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 February 17, 2023 2023 ONLTB 18517 (CanLII) Rent Owing To February 28, 2023 $16,800.00 Application Filing Fee $186.00 NSF Charges $0.00 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 Tenant 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 $16,986.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $14,000.00 Application Filing Fee $186.00 NSF Charges $0.00 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 - $2,800.00 Less the amount of the interest on the last month's rent deposit - $50.63 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 $11,335.37 Plus daily compensation owing for each day of occupation starting $92.05 February 1, 2023 (per day) Order Page: 4 of 4