LTB Order LTB-L-005557-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: B. v H., 2023 ONLTB 75290 Date: 2023-11-16 2023 ONLTB 75290 (CanLII) File Number: LTB-L-005557-23 In the matter of: 1211, 111 Elizabeth Street Toronto Ontario M5G1P7 Between: S.B. Landlord And G.H. Tenant S.B. (the 'Landlord') applied for an order to terminate the tenancy and evict G. H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on October 5, 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 $2,834.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $93.17. This amount is calculated as follows: $2,834.00 x 12, divided by 365 days. 5. The Tenant has paid $2,834.00 to the Landlord since the application was filed. 6. The rent arrears owing to October 31, 2023, are $34,008.00. 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 $2,800.00 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. 9. Interest on the rent deposit, in the amount of $99.38 is owing to the Tenant for the period from October 28, 2020 to October 5, 2023. Order Page 1 of 4  File Number: LTB-L-005557-23 10. The Landlord is seeking a standard termination order and that the arrears are substantial.The Landlord states that this is the Landlord’s only source of income and it would extremely prejudicial to continue the Tenancy as the arrears are significant. 11. The Tenant is seeking to preserve the tenancy. The Tenant testified that he can 2023 ONLTB 75290 (CanLII) pay$1,000.00 towards the arrears, in addition to the full rent each month, until the arrears are paid off. 12. I find that it would not be fair in the circumstances to impose a repayment plan as I am notsatisfied that the Tenant would abide by it. Since the application was filed, the Tenant has only made one monthly payment towards the rent arrears, and this was done the day before the hearing. The circumstances of the Tenant have not changed and I am not convinced that he would adhere to any payment plan that I may order. I also do not find that a 34-month payment plan is appropriate as the Landlord would be severely prejudiced by this. 13. 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. 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: • $37,043.00 if the payment is made on or before November 27, 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 November 27, 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 November 27, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $28,941.47. 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. Order Page 2 of 4  File Number: LTB-L-005557-23 6. The Tenant shall also pay the Landlord compensation of $93.17 per day for the use of the unit starting October 6, 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 November 27, 2023, the Tenant will start to owe interest. This will be simple interest calculated from 2023 ONLTB 75290 (CanLII) November 28, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 27, 2023, then starting November 28, 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 November 28, 2023. November 16, 2023 ____________________________ Date Issued Colin Elsby 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 May 28, 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 November 27, 2023 Rent Owing To November 30, 2023 $39,676.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,834.00 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 Order Page 3 of 4  File Number: LTB-L-005557-23 Total the Tenant must pay to continue the tenancy $37,043.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $34,473.85 Application Filing Fee $201.00 2023 ONLTB 75290 (CanLII) NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,834.00 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 - $2,800.00 Less the amount of the interest on the last month's rent deposit - $99.38 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 $28,941.47 Plus daily compensation owing for each day of occupation starting $93.17 October 6, 2023 (per day) Order Page 4 of 4