LTB Order LTB-L-004331-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 45849 (CanLII) Citation: PEEL HOUSING CORP OP AS PEEL LIVING v C.H., 2023 ONLTB 45849 Date: 2023-06-26 File Number: LTB-L-004331-23 In the matter of: 82 MIDDLETON WAY BRAMPTON ON L6S4B1 Between: PEEL HOUSING CORP Landlord OP AS PEEL LIVING And C.H. Tenant PEEL HOUSING CORP OP AS PEEL LIVING (the 'Landlord') applied for an order to terminate the tenancy and evict C.H. (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’s agent, Sophia Dixon, and the Tenant attended the hearing. Determinations: 1. The Landlord served the Tenant with a valid Notice to End the Tenancy Early for Nonpayment 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. Both parties agreed that the Tenant moved most of her possessions from the unit on June 3, 2023; however, as of the date of the hearing the Tenant retains a key for the unit and has a few remaining possessions in the unit. 3. The lawful rent is $1,360.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $44.71. This amount is calculated as follows: $1,360.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. Order Page: 1 of 5  File Number: LTB-L-004331-23 6. Both parties agreed that the rent arrears owing to June 30, 2023 are $9,520.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $452.68 from the Tenant and this deposit is still 2023 ONLTB 45849 (CanLII) 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 $4.90 is owing to the Tenant for the period from January 1, 2023 to June 7, 2023. Relief from Eviction 10. The Landlord’s agent testified that the Landlord referred the Tenant to housing assistance when the arrears started to accrue, but the Landlord did not offer an arrears payment plan to the Tenant. 11. The Tenant testified that her rent arrears accumulated during a period of back-to-back maternity leaves from work, and that during her successive maternity leaves she had no employment and therefore no income. The Tenant testified further that she never approached the Landlord for an arrears payment plan because she intended to move and did not want a payment plan. The Tenant stated that she moved most of her belongings from the unit on June 3, 2023, and plans to relinquish possession of the unit shortly after removing the remaining items and cleaning the unit. The Tenant explained that she did not want to preserve her tenancy, and that she currently has no personal issues that should be considered to provide her with relief from eviction. 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 be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 13. On the basis of the evidence provided, I am satisfied that the Tenant does not want an arrears repayment plan, has found an alternate unit to rent, is almost completed her move to that unit, and does not want to preserve her current tenancy. I am satisfied that the Tenant’s back-to-back maternity leaves resulted in the accumulation of rent arrears of $9,520.00 owing to June 30, 2023. For these reasons, I find that offering the Tenant conditional relief through an imposed payment plan, or postponing the termination of the tenancy, is not desired by either party, and would result in undue financial hardship for the Landlord. Accordingly, I find that it would be unfair to the Landlord to grant the Tenant with eviction relief. Order Page: 2 of 5  File Number: LTB-L-004331-23 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 2023 ONLTB 45849 (CanLII) or to the LTB in trust: • $9,706.00 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $11,066.00 if the payment is made on or before July 7, 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 that became due after July 7, 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 7, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $8,201.39. 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 $44.71 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 7, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 8, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before July 7, 2023, then starting July 8, 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 July 8, 2023. Order Page: 3 of 5  File Number: LTB-L-004331-23 June 26, 2023 ____________________________ Date Issued Frank Ebner Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto 2023 ONLTB 45849 (CanLII) 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 January 8, 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. 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 June 30, 2023 Rent Owing To June 30, 2023 $9,520.00 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 $9,706.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before July 7, 2023 Rent Owing To July 31, 2023 $10,880.00 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} Order Page: 4 of 5  File Number: LTB-L-004331-23 Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $11,066.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $8,472.97 Application Filing Fee $186.00 2023 ONLTB 45849 (CanLII) 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 - $452.68 Less the amount of the interest on the last month's rent deposit - $4.90 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 $8,201.39 Plus daily compensation owing for each day of occupation starting $44.71 June 8, 2023 (per day) Order Page: 5 of 5