LTB Order LTB-L-008052-22

Order under Sections 21.1 and 69 Residential Tenancies Act, 2006 Citation: CAPREIT LIMITED PARTNERSHIP v Beaulieu, 2023 ONLTB 28803 2023 ONLTB 28803 (CanLII) Date: 2023-04-03 File Number: LTB-L-008052-22-AM In the matter of: 406, 140 NONQUON RD OSHAWA ON L1G3S5 Between: CAPREIT LIMITED PARTNERSHIP Landlord And David Beaulieu and Heather Beaulieu Tenant AMENDED ORDER Pursuant to a request received from the Landlord the order has been amended to reflect the date the second amount owing to void as May 31, 2023 not April 30, 2023. Deletions have been struck through and insertions have been bolded and underlined. The order is otherwise unchanged. CAPREIT LIMITED PARTNERSHIP (the 'Landlord') applied for an order to terminate the tenancy and evict David Beaulieu and Heather Beaulieu (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 24, 2023 at 09:00 am. The Landlord Representative Jason Paine and the Tenant Heather Beaulieu 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 $1,310.22. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $43.08. This amount is calculated as follows: $1,310.22 x 12, divided by 365 days. 5. The Tenant has paid $7,816.00 to the Landlord since the application was filed. 6. The undisputed rent arrears owing to March 31, 2023 are $11,514.74. Order Page: 1 of 5  File Number: LTB-L-008052-22-AM 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 $1,278.27 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 2023 ONLTB 28803 (CanLII) the tenancy if the tenancy is terminated. 9. Interest on the rent deposit, in the amount of $25.32 is owing to the Tenant for the period from December 1, 2020 to March 24, 2023. 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 May 31, 2023 pursuant to subsection 83(1)(b) of the Act. 11. Specifically, at the hearing the Tenant Testified that it was their wish to maintain the Tenancy and were prepared to attempt another payment plan, having acknowledged that they failed to meet the terms of one previously attempted. They also testified that it was their belief that based on the current financials that they could keep up with another payment plan. 12. However, having given consideration to the Tenant’s testimony regarding their finances, I am satisfied that if I were to impose a payment plan, the length of it, approximately two years, would be prejudicial to the Landlord. Accordingly, for this reason and those above I am satisfied that a postponement of 60 days would afford the Tenant time to secure financial aid or another rental property while not unduly prejudicing the Landlord. 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:  $11,700.74 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $13,010.96 if the payment is made on or before April 30 May 31 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 May 31, 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 May 31, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $10,095.59. 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 Order Page: 2 of 5  File Number: LTB-L-008052-22-AM 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 $43.08 per day for the use of the unit starting March 25, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 28803 (CanLII) 7. If the Tenant does not pay the Landlord the full amount owing on or before April 14, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 15, 2023 at 5.00% 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 May 31, 2023, then starting June 1, 2023, the Landlord 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 Landlord on or after June 1, 2023. April 3, 2023 Date Original Order Kelly Delaney Issued Member, Landlord and Tenant Board May 15, 2023 Date Amended Order Kelly Delaney Issued 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 December 1, 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 5  File Number: LTB-L-008052-22-AM 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 April 30, 2023 2023 ONLTB 28803 (CanLII) Rent Owing To April 30, 2023 $19,330.74 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,816.00 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 $11,700.74 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $20,640.96 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,816.00 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 $13,010.96 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $19,029.18 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $7,816.00 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 - $1,278.27 Less the amount of the interest on the last month's rent deposit - $25.32 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-008052-22-AM Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $10,095.59 Plus daily compensation owing for each day of occupation starting $43.08 March 25, 2023 (per day) 2023 ONLTB 28803 (CanLII) Order Page: 5 of 5