LTB Order LTB-L-098174-25

Order under Section 69/88.2 Residential Tenancies Act, 2006 Citation: S. v O'Donnell, 2026 ONLTB 33284 Date: 2026-04-28 File Number: LTB-L-098174-25 In the matter of: Main floor, 8 ROBINS AVE HAMILTON ON L8H4M7 Between: A.R.S. Landlord APR 28, 2026 And R.O. Tenants Kaylyn Burch A.R.S. (the 'Landlord') applied for an order to terminate the tenancy and evict R. O'Donnell and Kaylyn Burch (the 'Tenants') because: • the Tenants did not pay the rent that the Tenants owe (L1 Application); and • A.R.S. (the 'Landlord') also applied for an order requiring R.O. and Kaylyn Burch (the 'Tenants') to pay the Landlord's reasonable out-of-pocket expenses that are the result of the Tenants failure to pay utility costs they were required to pay under the terms of the tenancy agreement. This application was heard by videoconference on April 22, 2026. The Landlord, the Landlord’s Legal Representative, Ali Aghaeinia and the Tenants attended the hearing. The Tenants spoke to Tenant Duty Counsel prior to the start of this proceeding. At the hearing, the parties before the LTB consented to the following order. I was satisfied that the parties understood the consequences of their consent. Determinations: L1 Application – Non-Payment of Rent 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. Order Page 1 of 4  File Number: LTB-L-098174-25 2. As of the hearing date, the Tenants were still in possession of the rental unit. 3. The lawful rent is $2,000.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $65.75. This amount is calculated as follows: $2,000.00 x 12, divided by 365 days. 5. The Tenants has not made any payments since the application was filed. 6. The rent arrears owing to April 30, 2026, are $14,000.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. L2 Application 8. The parties’ consent that the unpaid utility costs as of the date of this proceeding are $1,447.20. It is ordered on consent that: L1 Application – Non-Payment of Rent 1. The tenancy between the Landlord and the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $14,186.00 if the payment is made on or before April 30, 2026. See Schedule 1 for the calculation of the amount owing. OR • $16,186.00 if the payment is made on or before May 30, 2026. 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 May 30, 2026, 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 30, 2026. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $13,632.50. This amount includes rent arrears owing up to the date of the hearing and 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 $65.75 per day for the use of the unit starting April 23, 2026, until the date the Tenants move out of the unit. Order Page 2 of 4  File Number: LTB-L-098174-25 7. If the Tenants do not pay the Landlord the full amount owing on or before May 30, 2026, the Tenants will start to owe interest. This will be simple interest calculated from May 31, 2026, at 4.00% annually on the balance outstanding. 8. If the unit is not vacated on or before May 30, 2026, then starting May 31, 2026, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 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 May 31, 2026. L2 Application – s88.2 10. The Tenants shall also pay to the Landlord $1,447.20, which represents the reasonable out-of-pocket expenses the Landlord has incurred or will incur as a result of the unpaid utility costs. 11. If the Tenants do not pay the Landlords the full amount owing on or before May 30, 2026, the Landlord will start to owe interest. This will be simple interest calculated from May 31, 2026, at 4.00% annually on the balance outstanding for the unpaid utility costs. April 28, 2026 ____________________________ Date Issued Panagiotis P. Roupas Member, Landlord and 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. In accordance with section 81 of the Act, the part of this order relating to the eviction of the Tenants expires on November 30, 2026 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-098174-25 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before April 30, 2026 Rent Owing To April 30, 2026 $14,000.00 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 an - $0.00 {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 $14,186.00 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before May 30, 2026 Rent Owing To May 31, 2026 $16,000.00 Application Filing Fee $186.00 Total the Tenants must pay to continue the tenancy $16,186.00 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $13,446.50 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 application - $0.00 was filed Less the amount of the last month's rent deposit - $0.00 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} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $13,632.50 Plus daily compensation owing for each day of occupation starting $65.75 April 23, 2026 (per day) Order Page 4 of 4