LTB Order LTB-L-003123-23

2023 ONLTB 34043 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: A. v E., 2023 ONLTB 34043 Date: 2023-05-02 File Number: LTB-L-003123-23 In the matter of: Upper level, 225 Argyle Street North Caledonia Ontario N3W1K9 Between: T.A. Landlord And T.G.E. Tenant T.A. (the 'Landlord') applied for an order to terminate the tenancy and evict T. G. E. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 29, 2023. The Landlord’s agent, J. A. and the Tenant attended the hearing. Determinations: 1. The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant 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 Tenant was still in possession of the rental unit. 3. The lawful rent is $850.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $27.95. This amount is calculated as follows: $850.00 x 12, divided by 365 days. 5. The Tenant has paid $2,500.00 to the Landlord since the application was filed. 6. The parties agreed that the rent arrears owing to March 31, 2023 are $8,800.00. Order Page: 1 of 4  File Number: LTB-L-003123-23 7. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $850.00 from the Tenant and 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. 2023 ONLTB 34043 (CanLII) 9. Interest on the rent deposit, in the amount of $67.14 is owing to the Tenant for the period from March 1, 2018 to March 29, 2023. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until May 31, 2023 pursuant to subsection 83(1)(b) of the Act. 11. The Tenant stated that they would like to stay in the rental unit and proposed a payment plan. The Landlord requested a standard order. 12. Essentially the plan was that the tenant would make a lump sum payment of $4,400.00 and pay the remaining balance over a period of 8 months. I spent some time in the hearing canvasing with the Tenant his circumstances as well as his finances to support the proposed plan. Based on the Tenant’s evidence his income could not support the payment plan he was proposing. 13. The Tenant submitted that as of the date of the hearing he was bringing in $2,500.00 in total income. He stated his expenses totaled $2,812.00, which equates to a deficit of ($312.00), without paying back the Landlord any arrears. Based on this evidence I do not find that the tenancy is viable. The Tenant cannot afford to live in the rental unit. 14. The Tenant submitted that his minor children visit on he weekends, and he has lived in the rental unit since 2018. Given the length of tenancy and the Tenant’s circumstances I find the above termination date to be appropriate. It provides the Tenant with additional time to either pay the Landlord back the money they owe or find alternative accommodations. 15. Although there are some additional rent arrears that accrue for the Landlord, as there is a last month’s rent- it can be applied to the rent arrears minimizing the impact as well as this delay is not so extensive as to not severely prejudice them. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $10,701.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 4  File Number: LTB-L-003123-23 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after May 31, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. If the Tenant does not pay the amount required to void this order the Tenant must 2023 ONLTB 34043 (CanLII) move out of the rental unit on or before May 31, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $8,044.41. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $27.95 per day for the use of the unit starting March 30, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before May 13, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 14, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord or the Tenant 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 31, 2023, then starting June 1, 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 possession of the unit to the Landlord on or after June 1, 2023. May 2, 2023 ____________________________ Date Issued Curtis Begg 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 expires on December 1, 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-003123-23 *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 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 34043 (CanLII) A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $13,000.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,500.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord 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 $10,701.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,260.55 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,500.00 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 - $850.00 Less the amount of the interest on the last month's rent deposit - $67.14 Less the amount the Landlord 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 Landlord $8,044.41 Plus daily compensation owing for each day of occupation starting $27.95 March 30, 2023 (per day) Order Page: 4 of 4