LTB Order LTB-L-067601-22

2023 ONLTB 48819 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: T.D.M.O.M. v B., 2023 ONLTB 48819 Date: 2023-07-10 File Number: LTB-L-067601-22 In T. matter of: 11 CAMBRIAN CRT BRACEBRIDGE ON P1L1N8 Between: T.D.M.O.M. Landlord A. K.B.A.S.B. Tenants T.D.M.O.M. (T. 'Landlord') applied for an order to terminate T. tenancy A. evict K.B.A.S.B. (T. 'Tenants') because T. Tenants did not pay T. rent that T. Tenants owe. This application was heard by videoconference on June 22, 2023. Only T. Landlord representative Kelly Draycott A. agent Sami Murdoch attended T. hearing. As of 9:33a.m., T. Tenants were not present or represented at T. hearing although properly served with notice of this hearing by T. LTB. There was no record of a request to adjourn T. hearing. As a result, T. hearing proceeded with only T. Landlord's evidence. Determinations: 1. T. Landlord served T. Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). T. Tenants did not void T. notice by paying T. amount of rent arrears owing by T. termination date in T. N4 Notice or before T. date T. application was filed. 2. As of T. hearing date, T. Tenants were still in possession of T. rental unit. 3. T. lawful rent is $815.00. It is due on T. 1st day of each month. Order Page 1 of 4  File Number: LTB-L-067601-22 4. Based on T. Monthly rent, T. daily rent/compensation is $26.79. This amount is calculated as follows: $815.00 x 12, divided by 365 days. 5. T. Tenants have paid $1,722.00 to T. Landlord since T. application was filed. 6. T. rent arrears owing to June 30, 2023 are $9,412.00. 2023 ONLTB 48819 (CanLII) 7. T. Landlord incurred costs of $186.00 for filing T. application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. I have considered all of T. disclosed circumstances in accordance with subsection 83(2) of T. Residential Tenancies Act, 2006 (T. 'Act'), including that T. Landlord attempted to negotiate a repayment agreement with T. Tenants, A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of T. Act. It is ordered that: 1. T. tenancy between T. Landlord A. T. Tenants is terminated unless T. Tenants voids this order. 2. T. Tenants may void this order A. continue T. tenancy by paying to T. Landlord or to T. LTB in trust: • $10,413.00 if T. payment is made on or before July 21, 2023. See Schedule 1 for T. calculation of T. amount owing. 3. T. Tenants may also make a motion at T. LTB to void this order under section 74(11) of T. Act, if T. Tenants has paid T. full amount owing as ordered plus any additional rent that became due after July 21, 2023 but before T. Court Enforcement Office (Sheriff) enforces T. eviction. T. Tenants may only make this motion once during T. tenancy. 4. If T. Tenants do not pay T. amount required to void this order T. Tenants must move out of T. rental unit on or before July 21, 2023 5. If T. Tenants do not void T. order, T. Tenants shall pay to T. Landlord $9,372.38. This amount includes rent arrears owing up to T. date of T. hearing A. T. cost of filing T. application. See Schedule 1 for T. calculation of T. amount owing. 6. T. Tenants shall also pay T. Landlord compensation of $26.79 per day for T. use of T. unit starting June 23, 2023 until T. date T. Tenants moves out of T. unit. 7. If T. Tenants do not pay T. Landlord T. full amount owing on or before July 21, 2023, T. Tenants will start to owe interest. This will be simple interest calculated from July 22, 2023 at 6.00% annually on T. balance outstanding. 8. If T. unit is not vacated on or before July 21, 2023, then starting July 22, 2023, T. Landlord may file this order with T. Court Enforcement Office (Sheriff) so that T. eviction may be enforced. Order Page 2 of 4  File Number: LTB-L-067601-22 9. Upon receipt of this order, T. Court Enforcement Office (Sheriff) is directed to give vacant possession of T. unit to T. Landlord on or after July 22, 2023. July 10, 2023 ____________________________ Date Issued Amanda Kovats 2023 ONLTB 48819 (CanLII) Member, Landlord A. Tenants 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 T. Act, T. part of this order relating to T. eviction expires on January 22, 2024 if T. order has not been filed on or before this date with T. Court Enforcement Office (Sheriff) that has territorial jurisdiction where T. rental unit is located. Order Page 3 of 4  File Number: LTB-L-067601-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount T. Tenants must pay to void T. eviction order A. continue T. tenancy if T. payment is made on or before July 21, 2023 2023 ONLTB 48819 (CanLII) Rent Owing To July 31, 2023 $11,949.00 Application Filing Fee $186.00 NSF Charges $0.00 Less T. amount T. Tenants paid to T. Landlord since T. - $1,722.00 application was filed Less T. amount T. Tenants paid into T. LTB since T. - $0.00 application was filed Less T. amount T. Landlord owes T. Tenants for - $0.00 an{abatement/rebate} Less T. amount of T. credit that T. Tenants is entitled to - $0.00 Total T. Tenants must pay to continue T. tenancy $10,413.00 B. Amount T. Tenants must pay if T. tenancy is terminated Rent Owing To Hearing Date $10,908.38 Application Filing Fee $186.00 NSF Charges $0.00 Less T. amount T. Tenants paid to T. Landlord since T. - $1,722.00 application was filed Less T. amount T. Tenants paid into T. LTB since T. - $0.00 application was filed Less T. amount of T. last month's rent deposit - $0.00 Less T. amount of T. interest on T. last month's rent deposit - $0.00 Less T. amount T. Landlord owes T. Tenants for an - $0.00 {abatement/rebate} Less T. amount of T. credit that T. Tenants is entitled to - $0.00 Total amount owing to T. Landlord $9,372.38 Plus daily compensation owing for each day of occupation starting $26.79 June 23, 2023 (per day) Order Page 4 of 4