LTB Order LTB-L-011219-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 45117 (CanLII) Citation: G.O. v M. C., 2023 ONLTB 45117 Date: 2023-06-23 File Number: LTB-L-011219-23 In the matter of: Basement, 7338 Finery Crescent Mississauga Ontario L4T3Z6 Between: G.O. Landlord A. M.F.N.A.M.C. Tenant G.O. (the 'Landlord') applied for an order to terminate the tenancy A. evict M. F. N. A. M. C. (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 A. the Tenant attended the hearing. Preliminary Issue: The Tenant, with the assistance of Tenant Duty Counsel requested an adjournment because the Tenant requires an interpreter, A. he does not understand English. On the basis of the submissions made, I find that the Tenant understands A. is able to adequately communicate in English as he responded to all questions. The Tenant without assistance joined the conference A. adequately converse with me during the hearing. The Tenant did not challenge the Landlord’s evidence that the Tenant knew the case required to be met having been given the L1/L9 Update Form which was reviewed with his case worker in his language. The Board is mandated to ensure the most efficient use of its time A. resources A. given the circumstances it was not appropriate to adjourn nor was it fair to Landlord to adjourn given the amount of arrears outstanding. Order Page: 1 of 6  File Number: LTB-L-011219-23 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 2023 ONLTB 45117 (CanLII) was filed. 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $2,300.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $75.62. This amount is calculated as follows: $2,300.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to June 30, 2023 are $19,400.00. The L1/L9 update sheet reflects rent charges to May 30, 2023.My oral ruling with respect to rent owing is $19,400.00 to end of June 2023 not $17,100.00. 7. The Landlord incurred costs of $201.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,300.00 from the Tenant A. 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 $44.11 is owing to the Tenant for the period from September 2, 2022 to June 8, 2023. 10. 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 Landlord 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. The Tenants have three children, have no job A. relies on government benefits of $1,900.00 per month. They have made no payments towards rent after this application was filed. Given the amount of arrears outstanding, it would be unfair to the Landlord to consider a conditional payment plan to preserve this tenancy given their monthly income of $1,900.00 is not enough to pay the monthly rent. Their payment history has been very poor during this young tenancy that started April 2022. It is ordered that: 1. The tenancy between the Landlord 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 Landlord or to the LTB in trust: Order Page: 2 of 6  File Number: LTB-L-011219-23 • $19,601.00 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $21,901.00 if the payment is made on or before July 4, 2023. See Schedule 1 for 2023 ONLTB 45117 (CanLII) 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 July 4, 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 July 4, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $15,561.85. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. 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 $75.62 per day for the use of the unit starting June 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 July 4, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 5, 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 4, 2023, then starting July 5, 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 July 5, 2023. June 23, 2023 ____________________________ Date Issued Sandra Macchione 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. Order Page: 3 of 6  File Number: LTB-L-011219-23 In accordance with section 81 of the Act, the part of this order relating to the eviction expires on January 5, 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 2023 ONLTB 45117 (CanLII) date of the notice Order Page: 4 of 6  File Number: LTB-L-011219-23 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 45117 (CanLII) A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before June 30, 2023 Rent Owing To June 30, 2023 $19,400.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 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 $19,601.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before July 4, 2023 Rent Owing To July 31, 2023 $21,700.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 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 $21,901.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $17,704.96 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Order Page: 5 of 6  File Number: LTB-L-011219-23 Less the amount of the last month's rent deposit - $2,300.00 Less the amount of the interest on the last month's rent deposit - $44.11 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 2023 ONLTB 45117 (CanLII) Total amount owing to the Landlord $15,561.85 Plus daily compensation owing for each day of occupation starting $75.62 June 9, 2023 (per day) Order Page: 6 of 6