LTB Order LTB-L-081093-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: S. v K., 2023 ONLTB 61854 Date: 2023-09-08 2023 ONLTB 61854 (CanLII) File Number: LTB-L-081093-22 In the matter of: 17, 399 VODDEN ST E BRAMPTON ON L6V3V1 Between: H.S. Landlord A. T.K.A.R.H. Tenants H.S. (the 'Landlord') applied for an order to terminate the tenancy A. evict T. K. A. R. H. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on June 5, 2023. The Landlord, the Landlord’s representative A. the Tenants attended the hearing. Preliminary Issue: The amount of rental arrears the Landlord is seeking is above the LTB jurisdiction of $35,000. The Landlord will be proceeding with the application for eviction A. rental arrears up to the maximum of the monetary jurisdiction allowed under the Act. 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 was still in possession of the rental unit. 3. The lawful rent is $2,700.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $88.77. This amount is calculated as follows: $2,700.00 x 12, divided by 365 days. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to June 30, 2023 are $40,500.00. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. Order Page 1 of 4  File Number: LTB-L-081093-22 8. The Landlord collected a rent deposit of $2,700.00 from the Tenants A. this deposit is still being held by the Landlord. 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 $100.82 is owing to the Tenants for the 2023 ONLTB 61854 (CanLII) period from June 1, 2021 to June 5, 2023. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties A. whether the Landlord attempted to negotiate a repayment agreement with the Tenants A. find that it would be unfair to grant any further relief from eviction pursuant to subsection 83(1) of the Act. Although the Tenants have faced significant hardships, I find the rental arrears are substantial, the Tenants have made no payments since the application was filed A. has provided no evidence that they would be able to pay the monthly rent as it falls due. It is ordered that: 1. The tenancy between the Landlord 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 Landlord or to the LTB in trust:  $35,000.00 if the payment is made on or before September 19, 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 September 19, 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 does not pay the amount required to void this order the Tenants must move out of the rental unit on or before September 19, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $35,000.00. 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 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. 6. The Tenants shall also pay the Landlord compensation of $88.77 per day for the use of the unit starting June 6, 2023 until the date the Tenants moves out of the unit. 7. If the Tenants does not pay the Landlord the full amount owing on or before September 19, 2023, the Tenants will start to owe interest. This will be simple interest calculated from September 20, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before September 19, 2023, then starting September 20, 2023, the Landlord 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-081093-22 9. 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 September 20, 2023. September 8, 2023 Date Issued André-Paul Baillargeon-Smith 2023 ONLTB 61854 (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 the Act, the part of this order relating to the eviction expires on March 20, 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-081093-22 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 September 19, 2023 2023 ONLTB 61854 (CanLII) Rent Owing To September 30, 2023 $35,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 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 $35,000.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $40,500.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 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 - $2,700.00 Less the amount of the interest on the last month's rent deposit - $100.82 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord * LTB jurisdiction* *$35,000.00 Plus daily compensation owing for each day of occupation starting $88.77 June 6, 2023 up to $35,000.00 (per day) Order Page 4 of 4