LTB Order LTB-L-024574-22

2023 ONLTB 14585 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: A. v M., 2023 ONLTB 14585 Date: 2023-01-17 File Number: LTB-L-024574-22 In the matter of: 47 FALAISE RD SCARBOROUGH ON M1E3B7 Between: S.A. Landlord And D.L.M. Tenant S.A. (the 'Landlord') applied for an order to terminate the tenancy and evict D.L.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 4, 2023 at 1:00 pm. The Landlord 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 $2,000.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $65.75. This amount is calculated as follows: $2,000.00 x 12, divided by 365 days. 5. The Tenant has paid $13,903.70 to the Landlord since the application was filed. 6. The rent arrears owing to January 31, 2023 are $22,903.70. Order Page: 1 of 5  File Number: LTB-L-024574-22 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 $2,100.00 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 14585 (CanLII) 9. Interest on the rent deposit, in the amount of $42.89 is owing to the Tenant for the period from September 4, 2021 to January 4, 2023. 10. 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 March 31, 2023 pursuant to subsection 83(1)(b) of the Act. 11. At the hearing the Tenant did not dispute the amount of arrears owing. He further went on to testify that he was a contract worker who taught French for a semester a year at Glendon College for a salary of $38,000.00. He further testified that the reason why he fell behind was due to him not having his permeant resident card, which limited his employment opportunities, and a delay in his Employment Insurance being activated. He also testified it was his intent to sell his home in the Democratic Republic of the Congo to pay the remaining arears. 12. In response, the Landlord testified that the Tenant regularly paid the rent late and it was opinion that the rental unit, a three bedroom bungalow, was too much for the Tenant in both size and cost and he had offered to help the Tenant find a smaller, less expensive rental unit. 13. Given the above testimony, I am satisfied that a delay in eviction will not be unfair in the circumstances. It will afford the Tenant the opportunity to secure the finances required to pay the outstanding arears or find another more affordable rental unit. If the Tenant fails to pay the arrears as they have indicated the Landlord may move under s. 78 for eviction. 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: • $9,186.00 if the payment is made on or before January 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $11,186.00 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 5  File Number: LTB-L-024574-22 OR • $13,186.00 if the payment is made on or before March 31, 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 2023 ONLTB 14585 (CanLII) the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after March 31, 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 March 31, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $5,267.86. 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 $65.75 per day for the use of the unit starting January 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 January 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from January 29, 2023 at 5.00% 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 March 31, 2023, then starting April 1, 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 April 1, 2023. January 17, 2023 ____________________________ Date Issued Kelly Delaney 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 October 1, 2023 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-024574-22 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 January 31, 2023 2023 ONLTB 14585 (CanLII) Rent Owing To January 31, 2023 $22,903.70 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $13,903.70 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 $9,186.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before February 28, 2023 Rent Owing To February 28, 2023 $24,903.70 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $13,903.70 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 $11,186.00 C. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before March 31, 2023 Rent Owing To March 31, 2023 $26,903.70 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $13,903.70 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Order Page: 4 of 5  File Number: LTB-L-024574-22 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 $13,186.00 D. Amount the Tenant must pay if the tenancy is terminated 2023 ONLTB 14585 (CanLII) Rent Owing To Hearing Date $21,128.45 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $13,903.70 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 - $2,100.00 Less the amount of the interest on the last month's rent deposit - $42.89 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 $5,267.86 Plus daily compensation owing for each day of occupation starting $65.75 January 5, 2023 (per day) Order Page: 5 of 5