LTB Order LTB-L-006633-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: M. C. v H.P., 2023 ONLTB 38808 2023 ONLTB 38808 (CanLII) Date: 2023-05-23 File Number: LTB-L-006633-23 In the matter of: 708, 280 WENTWORTH STREET WEST OSHAWA ONTARIO L1J1N2 Between: M. C. M. 23, 2023 Landlord And H.P. Tenant M. C. (the 'Landlord') applied for an order to terminate the tenancy and evict H.P. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on M. 8, 2023. The Landlord’s legal representative Samuel Korman 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 $1,251.52. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $41.15. This amount is calculated as follows: $1,251.52 x 12, divided by 365 days. 5. The Tenant has paid $1,200.00 to the Landlord since the application was filed. 6. The rent arrears owing to M. 31, 2023 are $6,854.94. 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 $1,200.00 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 $32.48 is owing to the Tenant for the period from October 1, 2020 to M. 8, 2023. Order Page: 1 of 5  File Number: LTB-L-006633-23 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 July 31, 2023 pursuant to subsection 83(1)(b) of the Act. 11. The Tenant has lived in the rental unit for approximately four years and resides with her 2023 ONLTB 38808 (CanLII) two children ages 14 and 4. At the hearing the Tenant proposed a repayment plan but was unable to pay the new monthly rent in full and on time for the duration of the payment plan. 12. Further, approximately one-year ago the parties were previously before the Board on a prior L1 application (TEL-17521-21). This order was issued on April 28, 2022 and ordered a repayment plan for those arrears. The Board’s records confirm that this repayment plan was breached by the Tenant shortly after issuance and resulted in ex-parte order TEL- 21804-22 being issued on June 13, 2022. The Landlord did not enforce this order as the Tenant subsequently paid the arrears in full. 13. The evidence and Board records are clear that the Tenant is financially struggling to sustain the rental unit as she has almost immediately fallen back into arrears after the previously ordered amount was paid. The history between the parties also shows that the Tenant has not lived up to previously agreed payment plans before the Board. 14. As such, I find that it would be unfair to the Landlord to impose a lengthy repayment that has little likelihood of being complied with. I am however mindful to the fact that the Tenant does have two young children and has made good-faith payments to the Landlord since the application was filed. Therefore, I find that it would not be unfair to delay termination to allow the Tenant some additional time to secure alternate housing or to pay the arrears in full. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant M. void this order and continue the tenancy by paying to the Landlord or to the LTB in trust:  $7,055.94 if the payment is made on or before M. 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $8,307.46 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $9,558.98 if the payment is made on or before July 31, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 5  File Number: LTB-L-006633-23 3. The Tenant M. 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 31, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant M. only make this motion once during the tenancy. 2023 ONLTB 38808 (CanLII) 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 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $4,901.14. 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 $41.15 per day for the use of the unit starting M. 9, 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 June 3, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 4, 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 July 31, 2023, then starting August 1, 2023, the Landlord M. file this order with the Court Enforcement Office (Sheriff) so that the eviction M. 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 August 1, 2023. M. 23, 2023 Date Issued Fabio Quattrociocchi 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. *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 Order Page: 3 of 5  File Number: LTB-L-006633-23 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 M. 31, 2023 2023 ONLTB 38808 (CanLII) Rent Owing To M. 31, 2023 $8,054.94 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,200.00 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 $7,055.94 B. 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 $9,306.46 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,200.00 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 $8,307.46 C. 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 Rent Owing To July 31, 2023 $10,557.98 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,200.00 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: 4 of 5  File Number: LTB-L-006633-23 Total the Tenant must pay to continue the tenancy $9,558.98 D. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $7,132.62 2023 ONLTB 38808 (CanLII) Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,200.00 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 - $1,200.00 Less the amount of the interest on the last month's rent deposit - $32.48 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 $4,901.14 Plus daily compensation owing for each day of occupation starting $41.15 M. 9, 2023 (per day) Order Page: 5 of 5