LTB Order LTB-L-067080-22

2023 ONLTB 47365 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: S.B. v M.B., 2023 ONLTB 47365 Date: 2023-06-30 File Number: LTB-L-067080-22 In the matter of: 64 Bedrock Drive Stoney Creek, ON L8J 0K6 Between: S.B. Landlord And M.B. Tenants Mario Gabor S.B. (the 'Landlord') applied for an order to terminate the tenancy and evict M. B. and Mario Gabor (the 'Tenants') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on June 21, 2023. The Landlord and the Tenant Mario Gabor 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 $2,750.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $90.41. This amount is calculated as follows: $2,750.00 x 12, divided by 365 days. 5. The Tenants have paid $16,072.40 to the Landlord since the application was filed. Order Page: 1 of 4  File Number: LTB-L-067080-22 6. The rent arrears owing to June 30, 2023 are $7,685.20. 7. The Landlord waived the $186.00 filing fee. 8. The Landlord collected a rent deposit of $2,400.00 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 2023 ONLTB 47365 (CanLII) the tenancy if the tenancy is terminated. 9. Interest on the rent deposit, in the amount of $92.25 is owing to the Tenants for the period from June 1, 2021 to June 21, 2023. Section 83 Considerations 10. The Tenant acknowledged the arrears and testified that his health issues have caused him to miss work which resulted in the Tenants having to apply for Ontario Works. 11. The Tenant testified that he plans on finding a new unit and vacating by the end of July. The Tenant testified that he has been looking for other units but has had little luck based on the current rental market. 12. That said, the Tenants will be given until the end of July to either void the order or to vacate the unit. 13. 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 July 31, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 14. The tenancy between the Landlord and the Tenants is terminated unless the Tenants void this order. 15. The Tenants may void this order and continue the tenancy by paying to the Landlord: 1. $7,685.20 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR 2. $10,435.20 if the payment is made on or before July 31, 2023. See Schedule 1 for the calculation of the amount owing. 16. 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 July 31, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 17. 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 July 31, 2023. Order Page: 2 of 4  File Number: LTB-L-067080-22 18. If the Tenants do not void the order, the Tenants shall pay to the Landlord $4,341.56. 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. 2023 ONLTB 47365 (CanLII) 19. The Tenants shall also pay the Landlord compensation of $90.41 per day for the use of the unit starting June 22, 2023 until the date the Tenants move out of the unit. 20. If the Tenants do not pay the Landlord the full amount owing on or before July 11, 2023, the Tenants will start to owe interest. This will be simple interest calculated from July 12, 2023 at 6.00% annually on the balance outstanding. 21. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 22. If the unit is not vacated on or before July 31, 2023, then starting August 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 23. 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 August 1, 2023. June 30, 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 February 1, 2024 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-067080-22 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 June 30, 2023 2023 ONLTB 47365 (CanLII) Rent Owing To June 30, 2023 $23,757.60 Less the amount the Tenants paid to the Landlord since the - $16,072.40 application was filed Total the Tenants must pay to continue the tenancy $7,685.20 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before July 31, 2023 Rent Owing To July 31, 2023 $26,507.60 Less the amount the Tenants paid to the Landlord since the - $16,072.40 application was filed Total the Tenants must pay to continue the tenancy $10,435.20 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $22,906.21 Less the amount the Tenants paid to the Landlord since the - $16,072.40 application was filed Less the amount of the last month's rent deposit - $2,400.00 Less the amount of the interest on the last month's rent deposit - $92.25 Total amount owing to the Landlord $4,341.56 Plus daily compensation owing for each day of occupation starting $90.41 June 22, 2023 (per day) Order Page: 4 of 4