LTB Order LTB-L-022449-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 53718 (CanLII) Citation: Weinbrenner Place Inc v G., 2023 ONLTB 53718 Date: 2023-08-04 File Number: LTB-L-022449-23 In the matter of: 103, 3421 WEINBRENNER RD Niagara Falls Central ON L2G7K6 Between: Weinbrenner Place Inc Landlord And G.G. Tenant Weinbrenner Place Inc (the 'Landlord') applied for an order to terminate the tenancy and evict G.G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on July 17, 2023. The Landlord’s agent Gabriela Fuccillo, the Tenant and his support Cindy Moodie 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 $1,372.85. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $45.13. This amount is calculated as follows: $1,372.85 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 $11,345.68. Order Page 1 of 4  File Number: LTB-L-022449-23 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 $1,325.00 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 53718 (CanLII) 9. Interest on the rent deposit, in the amount of $87.34 is owing to the Tenant for the period from April 8, 2019 to July 17, 2023. 10. The Tenant said that he could not recalling having ever signed a lease and that he believed Cindy Moodie to be a Tenant at this rental unit. However, the Landlord provided a copy of the lease dated April 15, 2019 signed only by G.G.. I was satisfied that G.G. is the only Tenant at this rental unit. 11. The Tenant did not dispute the arrears but said he did not pay due to maintenance issues such as holes in the ceiling, issues with the dishwasher and a noisy dryer. The Tenant did not file any section 82 issues with the Board nor put the Landlord on notice. The Tenant said he has not filed any tenant applications with the Board. Additionally, I do not find the issues as described by the Tenant meet the requirements of section 83(3)(a) for mandatory relief. 12. At this hearing I did a detailed analysis of the Tenant’s monthly income and expenses and I am not satisfied the Tenant has the means to pay his monthly financial obligations and payment toward the significant arrears of rent. This was explained to the Tenant at the hearing. 13. I also considered the efforts made by the Tenant to secure alternative housing, length of tenancy, his personal circumstances, as well as the impact of the arrears on the Landlord and the efforts made by the Landlord to discuss a payment plan with the Tenant. 14. 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 and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 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: • $12,904.53 if the payment is made on or before August 15, 2023. See Schedule 1 for the calculation of the amount owing. Order Page 2 of 4  File Number: LTB-L-022449-23 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 August 15, 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 53718 (CanLII) move out of the rental unit on or before August 15, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $9,513.70. 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 $45.13 per day for the use of the unit starting July 18, 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 August 15, 2023, the Tenant will start to owe interest. This will be simple interest calculated from August 16, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before August 15, 2023, then starting August 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 August 16, 2023. August 4, 2023 ____________________________ Date Issued Dana Wren 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 February 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. Order Page 3 of 4  File Number: LTB-L-022449-23 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if 2023 ONLTB 53718 (CanLII) the payment is made on or before August 15, 2023 Rent Owing To August 31, 2023 $12,718.53 Application Filing Fee $186.00 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 $12,904.53 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $10,740.04 Application Filing Fee $186.00 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 of the last month's rent deposit - $1,325.00 Less the amount of the interest on the last month's rent deposit - $87.34 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 Total amount owing to the Landlord $9,513.70 Plus daily compensation owing for each day of occupation starting $45.13 July 18, 2023 (per day) Order Page 4 of 4