LTB Order LTB-L-023897-23

2023 ONLTB 64714 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: O.C.H. v T., 2023 ONLTB 64714 Date: 2023-09-21 File Number: LTB-L-023897-23 In the matter of: 384 VINCENT MASSEY AVE O. ON K1K1R7 Between: O.C.H. Landlord And M. T. L. F. Z. T. Tenants O.C.H. (the 'Landlord') applied for an order to terminate the tenancy and evict M. T., L. F. and Z. T. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on August 2, 2023. The Landlord’s legal representative, B.Cumming and the first named Tenants attended the hearing. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). The Tenants 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 Tenants were still in possession of the rental unit. 3. The lawful rent is $624.00. It is due on the 1st day of each month. Order Page 1 of 5  File Number: LTB-L-023897-23 4. Based on the Monthly rent, the daily rent/compensation is $20.52. This amount is calculated as follows: $624.00 x 12, divided by 365 days. 5. The Tenants have not made any payments since the application was filed. 6. The parties agree that the rent arrears owing to August 31, 2023 are $5,693.22. 2023 ONLTB 64714 (CanLII) 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. 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 31, 2023 pursuant to subsection 83(1)(b) of the Act. 10. The Tenants testified that they would like to stay in the rental unit and proposed a payment plan whereby they would pay an additional $125.00 on top of the monthly rent, which would make the Landlord whole in approximately 48 months (4 years). 11. During the hearing I canvased the Tenants with respect to their personal finances. The Tenants have a total household income of $4,500.00 a month and after all of their expenses were accounted for they had $1,532.00, as a positive balance, however only wished to provide the Landlord with $125.00 from that amount. 12. The Landlord was willing to provide the Tenants with 24 months to pay off the arrears which would have resulted in the Tenants having to pay $244.96 on top of their monthly rent. Based on the figures provided at the hearing it would seem that this would have been feasible for the Tenants, however they declined to pay this amount. 13. I do not find it reasonable to impose a 4 year payment plan when it would appear that the Tenants have the means to pay it off in a much shorter time period. The Tenants did not provide a logical explanation to explain why they were unwilling to pay the $244.96 that the Landlord was willing to accept as a payment plan. I asked the Tenants specifically at the hearing whether there was an alternative amount they wished to propose. The Tenants stated that the original proposed plan was what they want me to consider. 14. The Tenants have 4 children living in the rental unit. Their ages range from 14 to 21. Given that the Tenants have 4 children living with them I am inclined to provide them with some time to locate alternative H. or pay back the arrears they owe the Landlord. The delay is not too extensive that it shall severely prejudice the Landlord. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: Order Page 2 of 5  File Number: LTB-L-023897-23 • $6,503.22 if the payment is made on or before September 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $7,127.22 if the payment is made on or before October 31, 2023. See Schedule 1 2023 ONLTB 64714 (CanLII) for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants have paid the full amount owing as ordered plus any additional rent that became due after October 31, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before October 31, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $5,296.26. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $20.52 per day for the use of the unit starting August 3, 2023 until the date the Tenants moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before October 31, 2023, the Tenants will start to owe interest. This will be simple interest calculated from October 3, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before October 31, 2023, then starting November 1, 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 November 1, 2023. September 21, 2023 ____________________________ Date Issued Curtis Begg 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 May 1, 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-023897-23 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before September 30, 2023 2023 ONLTB 64714 (CanLII) Rent Owing To September 30, 2023 $6,317.22 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $6,503.22 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before October 31, 2023 Rent Owing To October 31, 2023 $6,941.22 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $7,127.22 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $5,110.26 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Order Page 4 of 5  File Number: LTB-L-023897-23 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $5,296.26 Plus daily compensation owing for each day of occupation starting $20.52 2023 ONLTB 64714 (CanLII) August 3, 2023 (per day) Order Page 5 of 5