LTB Order LTB-L-075144-22

2023 ONLTB 32381 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: M. v M., 2023 ONLTB 32381 Date: 2023-04-25 File Number: LTB-L-075144-22 In the matter of: B, 75 Northland A. Y. ON M6N2C9 Between: A.M. L. A. K. P. A. K. M. Tenant A.M. (the 'L.') applied for an order to terminate the tenancy A. evict K. P. A. K. M. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on March 14, 2023. Only the L. A. the L.’s representative Clifford Reddick attended the hearing. As of 1:30 p.m. 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 L.'s evidence. Determinations: 1. The L. 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. Order Page: 1 of 5  File Number: LTB-L-075144-22 2. As of the hearing date, the Tenants were still in possession of the rental unit. 3. The lawful rent is $1,650.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $54.25. This amount is calculated as follows: $1,650.00 x 12, divided by 365 days. 2023 ONLTB 32381 (CanLII) 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to March 31, 2023 are $17,750.00. 7. The L. incurred costs of $201.00 for filing the application A. is entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $1,650.00 from the Tenants A. this deposit is still being held by the L.. 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 $45.34 is owing to the Tenant for the period from August 1, 2020 to March 14, 2023. 1. The L.’s representative requested that the Board issue a standard order. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The L. has made numerous attempts to contact the Tenant to arrange for payment of the rent arrears but the Tenant does not respond. The Tenant has not paid rent since July 2022 A. the arrears are substantial A. this is a small L. that is being impacted financially by the Tenant’s non-payment of arrears. It would be prejudicial to the L. to deny eviction. It is ordered that: 1. The tenancy between the L. A. the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $19,601.00 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $21,251.00 if the payment is made on or before May 6, 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 Order Page: 2 of 5  File Number: LTB-L-075144-22 that became due after May 6, 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 May 6, 2023 2023 ONLTB 32381 (CanLII) 5. If the Tenants do not void the order, the Tenants shall pay to the L. $15,365.16. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the L. 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 L. compensation of $54.25 per day for the use of the unit starting March 15, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the L. the full amount owing on or before May 6, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 7, 2023 at 6.00% annually on the balance outstanding. 8. The L. 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 6, 2023, then starting May 7, 2023, the L. 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 L. on or after May 7, 2023. April 25, 2023 ____________________________ Date Issued Maria Shaw Member, L. A. 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. Order Page: 3 of 5  File Number: LTB-L-075144-22 In accordance with section 81 of the Act, the part of this order relating to the eviction expires on November 7, 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 2023 ONLTB 32381 (CanLII) date of the notice Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before April 30, 2023 Rent Owing To April 30, 2023 $19,400.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the L. owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $19,601.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before May 6, 2023 Rent Owing To May 31, 2023 $21,050.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the L. owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $21,251.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $16,859.50 Application Filing Fee $201.00 NSF Charges $0.00 Order Page: 4 of 5  File Number: LTB-L-075144-22 Less the amount the Tenant paid to the L. since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,650.00 2023 ONLTB 32381 (CanLII) Less the amount of the interest on the last month's rent deposit - $45.34 Less the amount the L. owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the L. $15,365.16 Plus daily compensation owing for each day of occupation starting $54.25 March 15, 2023 (per day) Order Page: 5 of 5