LTB Order LTB-L-023246-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: R. v D., 2023 ONLTB 58812 2023 ONLTB 58812 (CanLII) Date: 2023-08-30 File Number: LTB-L-023246-23 In the matter of: 393 WILSON ROAD SOUTH OSHAWA ON L1H2L6 Between: C.R. Landlord And J.D. Tenant Fouad Boukrit C.R. (the 'Landlord') applied for an order to terminate the tenancy and evict J.D. and Fouad Boukrit (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on July 19, 2023. The Landlord’s representative Mary-Anne Thompson and the Tenants 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 $2,500.00. It is due on the 15th day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $82.19. This amount is calculated as follows: $2,500.00 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 August 14, 2023 are $17,500.00. 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 $2,500.00 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. Order Page 1 of 5  File Number: LTB-L-023246-23 9. Interest on the rent deposit, in the amount of $93.49 is owing to the Tenant for the period from January 20, 2022 to July 19, 2023. Section 83 2023 ONLTB 58812 (CanLII) 10. Section 83 requires that I consider all the circumstances, including the Tenants’ and the Landlord’s situations to determine if it would be appropriate to grant section 83 relief from eviction. 11. There are substantial arrears owing and the Landlord has reached out to the Tenant to negotiate a repayment plan, without success. At the hearing, the Landlord’s representative indicated the Landlord has suffered financial hardship as a result of the non-payment. 12. The Tenants did not serve or file any section 82 claims in advance of the hearing, but raised certain maintenance issues, including plumbing/electrical issues and a rodent infestation. The Tenant’s evidence, however, lacked particulars as to the maintenance issues raised and the Tenants did not serve the Landlord with any documentation or other independent verification in support of such claims. I find there is insufficient evidence before me to determine the Landlord is in serious breach of their obligations under the lease agreement or the Act. 13. The Tenants advised they do not want to stay at the rental unit, and they did not submit a payment plan. The Tenants seek additional time to find alternative accommodations, noting they have been searching for alternative accommodations, are not currently working and have children living at the rental unit. 14. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (RTA), including the Tenants’ family situation and noted challenges in finding alternative accommodations, and find that it would be unfair to postpone the eviction until September 25, 2023 pursuant to subsection 83(1)(b) 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:  $20,186.00 if the payment is made on or before September 14, 2023. See Schedule 1 for the calculation of the amount owing. OR  $22,686.00 if the payment is made on or before September 25, 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 September 25, 2023 but before the Court Enforcement Office Order Page 2 of 5  File Number: LTB-L-023246-23 (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 September 25, 2023 2023 ONLTB 58812 (CanLII) 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $13,003.46. 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 $82.19 per day for the use of the unit starting July 20, 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 September 10, 2023, the Tenant will start to owe interest. This will be simple interest calculated from September 11, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before September 25, 2023, then starting September 26, 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 September 26, 2023. August 30, 2023 Date Issued Peter Nicholson 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 March 26, 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 5  File Number: LTB-L-023246-23 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 September 14, 2023 2023 ONLTB 58812 (CanLII) Rent Owing To September 14, 2023 $20,000.00 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 $20,186.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before September 25, 2023 Rent Owing To October 14, 2023 $22,500.66 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 $22,686.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $15,410.95 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 - $2,500.00 Less the amount of the interest on the last month's rent deposit - $93.49 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page 4 of 5  File Number: LTB-L-023246-23 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $13,003.46 Plus daily compensation owing for each day of occupation starting $82.19 July 20, 2023 (per day) 2023 ONLTB 58812 (CanLII) Order Page 5 of 5