LTB Order LTB-L-007758-22

2023 ONLTB 23908 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: DE R. v D., 2023 ONLTB 23908 Date: 2023-03-10 File Number: LTB-L-007758-22 In the matter of: 26, 220 ASHLAND A. L. O. N5W4E4 Between: M.D.R. L. A. J. D. A. M. W. Tenant M.D.R. (the 'L.') applied for an order to terminate the tenancy A. evict J. D. A. M. W. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The L. also claimed charges related to NSF cheques. This application was heard by videoconference on July 20, 2022. The L. A. the Tenant attended the hearing. Determinations: 1. The L. 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 $895.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $29.42. This amount is calculated as follows: $895.00 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-007758-22 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to July 31, 2022 are $15,170.00. 7. The L. is entitled to $0.00 to reimburse the L. for administration charges A. $180.00 for bank fees the L. incurred as a result of 0 cheque given by or on behalf 2023 ONLTB 23908 (CanLII) of the Tenant which was returned NSF. 8. The L. incurred costs of $201.00 for filing the application A. is entitled to reimbursement of those costs. 9. The L. collected a rent deposit of $875.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 10. Interest on the rent deposit, in the amount of $61.25 is owing to the Tenant for the period from July 21, 2017 to July 20, 2022. 11. 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 A. whether the L. attempted to negotiate a repayment agreement with the Tenant A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 12. The Tenant did not dispute the rent arrears but submitted that he had financial difficulties paying the rent due to a motor vehicle accident on May 01, 2021, in which he sustained significant injuries to his lower back A. could not work. The Tenants testified that he receives monthly benefits of $1,000.00 from O. Works A. $1,300.00 from Child Tax benefits. The Tenant sought a monthly payment plan at the hearing. 13. The L. expressed doubt about the Tenant's ability to pay rent arrears because it is significant, A. he had failed to contact him for any payment plans before the hearing. The L. asserts that any monthly payment plan seems unrealistic A. may put the Tenant in further financial distress. The L. sought a standard eviction order. 14. On balance, an eviction delay will be prejudicial to the L. since the Tenant has had an extended time to pay the rent arrears. I do not find a further delay reasonable. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $22,711.00 if the payment is made on or before March 21, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 4  File Number: LTB-L-007758-22 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 March 21, 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 2023 ONLTB 23908 (CanLII) move out of the rental unit on or before March 21, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $14,308.15. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application A. unpaid NSF charges. The rent deposit A. interest the L. 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 L. compensation of $29.42 per day for the use of the unit starting July 21, 2022 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the L. the full amount owing on or before March 21, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 22, 2023 at 5.00% annually on the balance outstanding. 8. The L. 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 March 21, 2023, then starting March 22, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the L. on or after March 22, 2023. March 10, 2023 ____________________________ Date Issued Percy Laryea Member, L. 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 September 22, 2023 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 4  File Number: LTB-L-007758-22 *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 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 23908 (CanLII) A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before March 21, 2023 Rent Owing To March 31, 2023 $22,330.00 Application Filing Fee $201.00 NSF Charges $180.00 Less the amount the Tenant paid to the L. 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 L. 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 $22,711.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $14,863.40 Application Filing Fee $201.00 NSF Charges $180.00 Less the amount the Tenant paid to the L. 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 - $875.00 Less the amount of the interest on the last month's rent deposit - $61.25 Less the amount the L. 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 L. $14,308.15 Plus daily compensation owing for each day of occupation starting $29.42 July 21, 2022 (per day) Order Page: 4 of 4