LTB Order LTB-L-003478-23

2023 ONLTB 43803 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: F.I.N.H. COR v S., 2023 ONLTB 43803 Date: 2023-07-07 File Number: LTB-L-003478-23 In the matter of: 310, 195 F. DR MISSISSAUGA ON L4Z3M5 Between: F.I.N.H. Landlord COR And F.S. Tenant F.I.N.H. COR (the 'Landlord') applied for an order to terminate the tenancy and evict F.S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on June 7, 2023. The Landlord 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 $115.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $3.78. This amount is calculated as follows: $115.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. Order Page 1 of 4  File Number: LTB-L-003478-23 6. The rent arrears owing to June 30, 2023 are $2,300.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 2023 ONLTB 43803 (CanLII) 9. The Tenant acknowledged the arrears but clarified that her Peel Region H. Subsidy was suspended because she had yet to provide the necessary documentation. The Tenant claims that once she submits the required documents, her subsidies will be reinstated, and she will pay her rent on time. 10. The Tenant shared that she received the Peel Region H. Subsidy in March 2018, but it was cancelled in July 2020 when she was out of the country until October 2020. She got reinstated in October 2020 but cancelled again in October 2021 when she travelled out of the country. The Tenant disclosed that she was partially reinstated in October 2022 and was given until January 30, 2023, to submit her income and lease documentation to Peel Region H. Subsidy, which she missed. The Tenant claims she had no disabilities or concerns to report regarding eviction relief and only wants the Board to postpone the eviction. 11. The Landlord doubted the Tenant would commit to a rent payment plan, and the Tenant should have contacted her for any payment plans before the hearing. The Landlord feels that a monthly payment plan may not be feasible and could worsen the Tenant's financial situation. The Landlord mentioned that she shared the contact information of other government-subsidized programs with the Tenant, but the Tenant has yet to reach out to them. As a result, the Landlord requested a standard eviction order. 12. 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 and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would not be unfair to postpone the eviction until July 31, 2023 pursuant to subsection 83(1)(b) of the Act. 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: • $2,601.00 if the payment is made on or before July 31, 2023. See Schedule 1 for the calculation of the amount owing. 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 Order Page 2 of 4  File Number: LTB-L-003478-23 that became due after July 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 move out of the rental unit on or before July 31, 2023 2023 ONLTB 43803 (CanLII) 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $2,473.06. 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 Tenant shall also pay the Landlord compensation of $3.78 per day for the use of the unit starting June 8, 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 July 18, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 19, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before July 31, 2023, then starting August 1, 2023, 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 August 1, 2023. July 7, 2023 Date Issued Percy Laryea 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 February 1, 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-003478-23 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before July 31, 2023 2023 ONLTB 43803 (CanLII) Rent Owing To July 31, 2023 $2,415.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 $2,601.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $2,287.06 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 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 $2,473.06 Plus daily compensation owing for each day of occupation starting $3.78 June 8, 2023 (per day) Order Page 4 of 4