LTB Order LTB-L-076406-22

Order under Section 69 2023 ONLTB 31396 (CanLII) Residential Tenancies Act, 2006 Citation: G. v Lewis, 2023 ONLTB 31396 Date: 2023-04-12 File Number: LTB-L-076406-22 (TNL-35904-21) In the matter of: Basement, 3387 Cajun Crescent Mississauga Ontario L4L5T8 Between: B.G.A.K.G. L. A. C. D. A. N. C. Tenants Lewis Your file has been moved to the Landlord A. Tenant Board’s new case management system, the Tribunals Ontario Portal. Your new file number is LTB-L-076406-22. B.G.A.K.G. (the 'L.') applied for an order to terminate the tenancy A. evict C. D. A. N. C. Lewis (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe A. the Tenants have been persistently late in paying the Tenant's rent. This application was heard via video conference on February 24, 2022. Only the L. attended the hearing. The Tenants did not attend, despite having been served notice of this hearing. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the L.’ evidence. Determinations: L1 Application 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. 2. As of the hearing date, the Tenants were still in possession of the rental unit. Order Page: 1 of 4  File Number: LTB-L-076406-22 (TNL-35904-21) 3. As of the hearing date, the lawful rent is $1,500.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $49.32. This amount is calculated as follows: $1,500.00 x 12, divided by 365 days. 5. As of the hearing date, the Tenant has paid $6,500.00 to the L. since the application was filed. 2023 ONLTB 31396 (CanLII) 6. The rent arrears owing to April 30, 2023 are $28,100.00. 7. The L. incurred costs of $201.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. L2 Application 9. This is a monthly tenancy, A. rent is due on the first day of each month. Based on the uncontested evidence before me, I am satisfied that the Tenants have been persistently late in paying the rent. Section 83 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would not be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act subject to conditions imposed under subsection 204(1) of the Act as requested by the L. at the hearing. It is ordered that: L1 Application 1. The tenancy between the L. A. the Tenants is terminated unless the Tenants void this order. 2. The Tenants shall pay to the L. $27,191.84, which represents the amount of rent owing A. compensation up to April 12, 2023. 3. The Tenants shall also pay to the L. $49.32 per day for compensation for the use of the unit starting April 13, 2023 to the date the Tenants move out of the unit. 4. The Tenants shall also pay to the L. $201.00 for the cost of filing the application. 5. If the Tenants do not pay the L. the full amount owing* on or before April 23, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 24, 2023 at 6.00% annually on the balance outstanding. 6. If the unit is not vacated on or before April 23, 2023, then starting April 24, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page: 2 of 4  File Number: LTB-L-076406-22 (TNL-35904-21) 7. 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 April 24, 2023. 2023 ONLTB 31396 (CanLII) 8. The Tenants may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: $23,801.00 if the payment is made on or before April 23, 2023. See Schedule 1 for the calculation of the amount owing. 9. 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 April 23, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 10. 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 April 23, 2023 L2 Application 11. In the event that the Tenants are able to void the L1 application portion of this order by making the payment required above, the L.’ application to terminate the tenancy for persistently paying the rent late is denied, subject to the following conditions: a) For a period of 12 consecutive months, from May 2023 to April 2024, the Tenants shall pay the lawful monthly rent to the L. in full on or before the first day of each month. 12. In the event that the Tenants fail to make any of the payments indicated in paragraph 9 of this order in full A. on time, the L. shall be entitled to apply to the Board, no later than 30 days after a breach of this order, without notice to the Tenants, for an order terminating the tenancy A. evicting the Tenants pursuant to Section 78 of the Act. April 12, 2023 Date Issued 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 October 24, 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. Order Page: 3 of 4  File Number: LTB-L-076406-22 (TNL-35904-21) 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 April 23, 2023 2023 ONLTB 31396 (CanLII) Rent Owing To April 30, 2023 $30,100.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the application - $6,500.00 was filed Less the amount the Tenants paid into the LTB since the application was - $0.00 filed Less the amount the L. 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 $23,801.00 B. Amount the Tenants must pay if the tenancy is terminated Arrears to April 12, 2023 $27,191.84 Application Filing Fee $201.00 NSF Charges $0.00 Total amount owing to the L. $27,392.84 Plus daily compensation owing for each day of occupation starting April $49.32 (per 13, 2023 day) Order Page: 4 of 4