LTB Order LTB-L-013904-23

2023 ONLTB 64721 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: T. v M., 2023 ONLTB 64721 Date: 2023-09-21 File Number: LTB-L-013904-23 In the matter of: 40, 6020 DERRY RD MILTON ON L9T8L6 Between: M.T. Landlord And D.M. Tenant M.T. (the 'Landlord') applied for an order to terminate the tenancy and evict D.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on July 4, 2023. The Landlord, Landlord’s legal representative T. Schoenleber 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 $2,700.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $88.77. This amount is calculated as follows: $2,700.00 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 July 31, 2023 are $21,800.00. Order Page 1 of 4  File Number: LTB-L-013904-23 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 $2,700.00 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. 2023 ONLTB 64721 (CanLII) 9. Interest on the rent deposit, in the amount of $57.70 is owing to the Tenant for the period from August 27, 2022 to July 4, 2023. Relief from eviction 10. The Tenant testified that she suffered the loss of her boyfriend in November 2022 and took a leave of absence from work. She subsequently lost her job in February 2023. She was hospitalized for a period of time for mental illness in June 2023. She has two teenaged children. She has no income but has recently applied for disability. She is owed child support and is awaiting an estate inheritance. She testified that her hands are tied regarding the arrears and that she hopes to receive money to repay the Landlord and preserve the tenancy. 11. The Landlord testified that he is paying a high rate of mortgage, recently renewed at 6% interest and that the Tenant’s failure to pay rent is affecting him financially. He was unaware that the Tenant was unemployed. 12. I find that The Tenant’s circumstances of having no income deem this tenancy unsustainable. 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 October 15, 2023 pursuant to subsection 83(1)(b) of the Act. The Tenant has endured the loss of a partner and her job in a short period of time and the timing of the arrears coincides with these losses. I am mindful that the Landlord has suffered financial loss due to the ongoing arrears. I have carefully considered the financial impact on the Landlord and the impact of termination of the tenancy on the Tenant and I find that a brief delay of the eviction is appropriate in this circumstance. 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: • $27,386.00 if the payment is made on or before September 30, 2023. See Schedule 1 for the calculation of the amount owing. OR Order Page 2 of 4  File Number: LTB-L-013904-23 • $30,086.00 if the payment is made on or before October 15, 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 October 15, 2023 but before the Court Enforcement Office (Sheriff) 2023 ONLTB 64721 (CanLII) 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 October 15, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $16,883.38. 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 $88.77 per day for the use of the unit starting July 5, 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 October 15, 2023, the Tenant will start to owe interest. This will be simple interest calculated from October 16, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before October 15, 2023, then starting October 16, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. 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 October 16, 2023. September 21, 2023 ____________________________ Date Issued Donna Adams 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 April 16, 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. Schedule 1 SUMMARY OF CALCULATIONS Order Page 3 of 4  File Number: LTB-L-013904-23 A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before September 30, 2023 Rent Owing To September 30, 2023 $27,200.00 Application Filing Fee $186.00 Total the Tenant must pay to continue the tenancy $27,386.00 2023 ONLTB 64721 (CanLII) B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before October 15, 2023 Rent Owing To October 31, 2023 $29,900.00 Application Filing Fee $186.00 Total the Tenant must pay to continue the tenancy $30,086.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $19,455.08 Application Filing Fee $186.00 Less the amount of the last month's rent deposit - $2,700.00 Less the amount of the interest on the last month's rent deposit - $57.70 Total amount owing to the Landlord $16,883.38 Plus daily compensation owing for each day of occupation starting $88.77 July 5, 2023 (per day) Order Page 4 of 4