LTB Order LTB-L-006900-23

Order under Section 69 2023 ONLTB 46291 (CanLII) Residential Tenancies Act, 2006 Citation: Andrew Naus & Sons Ltd. v T. B., 2023 ONLTB 46291 Date: 2023-06-30 File Number: LTB-L-006900-23 In the matter of: 1/2, 186 PARKER ST SARNIA ON N7T6G2 Between: Andrew Naus & Sons Ltd. Landlord A. J.D.A.T.B. Tenant Andrew Naus & Sons Ltd. (the 'Landlord') applied for an order to terminate the tenancy A. evict J.D.A.T.B. (collectively the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on June 8, 2023. The Landlord’s Representative Jean Naus A. the Tenant, T. B. attended the hearing. J. D'alessandro moved out of the unit prior to the hearing. Determinations: 1. The Tenant has not paid the total rent they were required to pay for the period from January 2023 to June 30, 2023. Because of the arrears, the Landlord served a N4 Notice of Termination with termination effective 20 January 2023. 2. The Tenant was in possession of the rental unit when the L1 application was filed A. they remain in possession as of the hearing date. The Amount the Tenant Owes the Landlord 3. The lawful monthly rent is $1,700.00. 4. The Tenant paid $3,240.79 after the application was filed but before the hearing. Order Page: 1 of 3  5. The total amount outstanding to June 30, 2023, inclusive of rent arrears ($6,959.21) A. costs ($186 filing fee) is $7,145.21. S. 83 Considerations 2023 ONLTB 46291 (CanLII) 6. 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 File Number: LTB-L-006900-23 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. 7. The Tenant’s roommate moved out leaving her to bear the entire rent burden alone. 8. The Tenant is a single mom, A. she is currently working at two jobs. She has two teenage children. 9. She is planning to go back to school, college, in September 2023. To this end, she has acquired a substantial OSAP loan of $31,400. From that amount, $24,000 is earmarked for living expenses. Her gross income right now is about $2,300. That leaves her a surplus of $600. In my view, she has the financial capacity to fulfill the terms of the tenancy, in terms of rent owing. 10. The Landlord testified that the Tenant promised to pay $1,000 in two installments of $500 each, earlier this year. In the end, she only paid $300. The Landlord was generous to give the Tenant a certificate to buy groceries. The Landlord is reluctant to believe the Tenant now. 11. In my view, it would not be fair to the Tenant, in these circumstances, not to give her another opportunity to preserve this tenancy, which, in my opinion, is a viable one. Therefore, I have decided to offer relief from eviction by way of a payment plan. But if the Tenant does not follow the plan, A. defaults, then the Landlord can terminate the tenancy, without notice to the Tenant. It is ordered that: 1. The tenancy between the Landlord A. the Tenant shall continue, subject to the conditions set out below. 2. The Tenant shall pay to the Landlord $7,145.21, for arrears of rent up June 30, 2023 A. costs. 3. The Tenant shall pay to the Landlord the amount set out in paragraph 2 in accordance with the following schedule: Order Page: 2 of 3  Date of Payment Amount of Payment September 15, 2023 $7,145.21. 2023 ONLTB 46291 (CanLII) 4. The Tenant shall also pay to the Landlord new rent on time A. in full as it comes due A. owing for the period July1, 2023 to September 30, 2023, or until the arrears are paid off in full, whichever is earlier. 5. If the Tenant fails to make the payment in accordance with this order, the outstanding balance of any arrears of rent A. costs to be paid by the Tenant to the Landlord pursuant to paragraph 2 of this order shall become immediately due A. owing A. the Landlord may, without notice to the Tenant, apply to the LTB within 30 days of the Tenant’s breach File Number: LTB-L-006900-23 pursuant to section 78 of the Act for an order terminating the tenancy A. evicting the Tenant A. requiring that the Tenant pay any new arrears, NSF fees A. related charges that became owing after June 30, 2023. June 30, 2023 ____________________________ Date Issued James Campbell Member, Landlord A. 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 January 12, 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 3