LTB Order LTB-L-076000-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: K.A.R. v M. W., 2023 ONLTB 44958 2023 ONLTB 44958 (CanLII) Date: 2023-06-23 File Number: LTB-L-076000-22 In the matter of: 03, 1090 KRISTIN WAY OTTAWA ON K1K4B6 Between: K.A.R. Landlord A. L.B.A.M.W. Tenants K.A.R. (the 'Landlord') applied for an order to terminate the tenancy A. evict L.B.A.M.W. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on June 7, 2023. Only the Landlord’s legal representative, D. Dames, attended the hearing. As of 2:11 p.m., the Tenants was 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 $1,136.31. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $37.36. This amount is calculated as follows: $1,136.31 x 12, divided by 365 days. 5. The Tenants have paid $5,542.95 to the Landlord since the application was filed. 6. The rent arrears owing to June 30, 2023 are $2,157.38. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the Order Page: 1 of 5  File Number: LTB-L-076000-22 parties A. whether the Landlord attempted to negotiate a repayment agreement with the Tenant, A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 10. Pursuant to section 83(6), I am required to consider whether the Landlord made attempts to 2023 ONLTB 44958 (CanLII) negotiate a payment agreement with the Tenants. The Landlord submitted that several attempts were made to negotiate a repayment plan. However, the Tenants were unresponsive. I am satisfied that the Landlord attempted to negotiate a payment agreement with the Tenants. 11. With respect to section 83(2), the Tenants were not present to disclose any circumstances for me to consider delaying or denying eviction. Further, the Landlord was not aware of any of the Tenant’s circumstances for me to consider delaying or denying eviction. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust:  $2,343.38 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $3,479.69 if the payment is made on or before July 4, 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 has paid the full amount owing as ordered plus any additional rent that became due after July 4, 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 July 4, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $1,468.59. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $37.36 per day for the use of the unit starting June 8, 2023 until the date the Tenants moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before July 4, 2023, the Tenants will start to owe interest. This will be simple interest calculated from July 5, 2023 at 6.00% 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 result of this order. Order Page: 2 of 5  File Number: LTB-L-076000-22 9. If the unit is not vacated on or before July 4, 2023, then starting July 5, 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 2023 ONLTB 44958 (CanLII) possession of the unit to the Landlord on or after July 5, 2023. June 23, 2023 Date Issued Camille Tancioco 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 the Act, the part of this order relating to the eviction expires on January 5, 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. *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 5  File Number: LTB-L-076000-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before June 30, 2023 2023 ONLTB 44958 (CanLII) Rent Owing To June 30, 2023 $7,700.33 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $5,542.95 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 Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $2,343.38 B. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before July 4, 2023 Rent Owing To July 31, 2023 $8,836.64 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $5,542.95 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 Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $3,479.69 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $6,825.54 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $5,542.95 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-076000-22 Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $1,468.59 Plus daily compensation owing for each day of occupation starting $37.36 June 8, 2023 (per day) 2023 ONLTB 44958 (CanLII) Order Page: 5 of 5