LTB Order LTB-L-004150-23

Order under Section 69 2023 ONLTB 62342 (CanLII) Residential Tenancies Act, 2006 Citation: JTS PROPERTIES INC. v P., 2023 ONLTB 62342 Date: 2023-09-15 File Number: LTB-L-004150-23 In the matter of: 307, 80 SCOTT ST BRAMPTON ON L6V1S4 Between: JTS PROPERTIES INC. Landlord A. J.P.A.T.C. Tenant JTS PROPERTIES INC. (the 'Landlord') applied for an order to terminate the tenancy A. evict J.P.A.T.C. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on August 30, 2023. The Landlord’s agent Debra Abage, the Landlord’s legal representative Bryan Rubin A. the Tenants 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 $1,860.73. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $61.17. This amount is calculated as follows: $1,860.73 x 12, divided by 365 days. 5. The Tenant has paid $5,474.37 to the Landlord since the application was filed. Order Page 1 of 4  File Number: LTB-L-004150-23 6. The rent arrears owing to August 31, 2023 are $10,984.33. The Tenant did not dispute the amount of arrears owing to the Landlord. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to 2023 ONLTB 62342 (CanLII) reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,815.00 from the Tenant 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 $30.08 is owing to the Tenant for the period from January 1, 2023 to August 30, 2023. Relief from Eviction 10. The Tenant requested relief from eviction proposing that he can repay the total amount owing is he is ordered to pay monthly rent in full A. on time along with a lump sum payment A. monthly payments. 11. The Landlord’s legal representative objected to the proposed payment plan which he stated is unreasonable in the circumstance A. the arrears have a negative financial impact on the Landlord. No documentary evidence was led to support this claim. 12. The Tenant said that he commenced a new job around July 2023 which is full time A. stable. He said he is able to pay the Landlord a lump sum payment in the amount of $4,000.00 on or before September 30, 2023 then monthly payments in the amount of $820.00 toward arrears. 13. At the hearing, I conducted a detailed examination of the Tenant’s income A. expenses A. find he is able to make the monthly payments. At the hearing, the Tenant understood his obligation to pay rent for each month on time A. in full, including September 2023. 14. Eviction is a remedy of last resort. I considered submissions from both parties A. find it reasonable in the circumstance to preserve the tenancy. I am denying the Landlord’s request for a standard order. However, I find the payment plan allows the Landlord to be paid the arrears in a reasonable time while allowing the Tenant to stay in their unit. 15. 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 subject to the conditions set out in this order pursuant to subsection 83(1)(a) A. 204(1) of the Act. Given all of the information provided to me at the hearing, I am issuing a repayment plan as detailed below. 16. This order contains all of the reasons for the decision within it. No further reasons shall be issued. Order Page 2 of 4  File Number: LTB-L-004150-23 It is ordered that: 1. The Landlord’s application for eviction of the Tenant is denied on the condition that the 2023 ONLTB 62342 (CanLII) Tenant shall pay to the Landlord $11,170.33 which represents arrears of rent to August 30, 2023 A. costs. 2. The Tenant shall the amount set out above as follows: a) $4,000.00 on or before September 30, 2023; b) $820.00 on or before October 15, 2023; c) $820.00 on or before November 15, 2023; d) $820.00 on or before December 15, 2023; e) $820.00 on or before January 15, 2024; f) $820.00 on or before February 15, 2024; g) $820.00 on or before March 15, 2024; h) $820.00 on or before April 15, 2024; i) $820.00 on or before May 15, 2024; j) $610.30 on or before June 15, 2024; 3. The Tenant shall also pay to the Landlord new rent on time A. in full as it comes due A. owing for the period October 2023 to June 2024, or until the arrears are paid in full, whichever date is earliest. 4. If the Tenant fails to make any of the payments in accordance with paragraph 1 of this order, then: a) The Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act’) for an order terminating the tenancy A. evicting the Tenant, A. for the payment of any new arrears of rent A. NSF charges not already ordered under paragraph 1 of this order. The Landlord must make the application within 30 days of a breach of a condition set out in paragraph 1 of this order. b) The balance owing under paragraph 1 of this order shall become payable on the day following the date of default. The monies owing shall bear interest at the post-judgment interest rate determined under subsection 207(7) of the Act. Order Page 3 of 4  File Number: LTB-L-004150-23 September 15, 2023 ____________________________ Date Issued Dana Wren Member, Landlord A. Tenant Board 2023 ONLTB 62342 (CanLII) 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. Order Page 4 of 4