LTB Order LTB-L-025499-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 62476 (CanLII) Citation: Z. v L., 2023 ONLTB 62476 Date: 2023-09-15 File Number: LTB-L-025499-23 In the matter of: 158 BISCAYNE BLVD KESWICK ON L4P3L1 Between: R.B.Z. Landlord And J.F.L. Tenants Sherilea L. R.B.Z. (the 'Landlord') applied for an order to terminate the tenancy and evict J.F.L. and Sherilea L. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on July 20, 2023. The Landlord’s agent, T. Zuo, the Landlord, the Landlord’s representative, J. Tao, and the 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 $1,520.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $49.97. This amount is calculated as follows: $1,520.00 x 12, divided by 365 days. 5. The Tenants has paid $8,000.00 to the Landlord since the application was filed. 6. The rent arrears owing to July 31, 2023 are $4,160.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page 1 of 3  File Number: LTB-L-025499-23 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 2023 ONLTB 62476 (CanLII) grant relief from eviction subject to the conditions set out in this order pursuant to subsection 83(1)(a) and 204(1) of the Act. 10. At the hearing the Tenants proposed a payment plan that would essentially have the Landlord paid in full within approximately 6 months. The Landlord opposed the plan and requested a ‘standard’ eviction order. The Landlord’s reason for not agreeing with the plan was because they believed the Tenants would not make the payments in good faith as they have not made any payments since the application was filed. 11. Given the Tenants’ lack of diligence in paying the Landlord, I recognized that this was a legitimate concern to him and so in an effort to alleviate any immediate prejudice to the Landlord I informed the Tenants that they were obligated to make the $8,000.00 lump sum payment they were proposing to the Landlord on or before July 31, 2023, provided they made that lump sum payment, I would grant their proposed plan. 12. On August 1, 2023, the Landlord’s legal representative wrote to the Board confirming that the payment was made. However, the Landlord requested a ‘standard’ order. For the following reasons, I decline to grant the Landlord’s request. 13. The Tenants have reduced the arrears approximately by half of what was owed at the time of the hearing, the Tenants have also shown good faith in making the lump sum payment as ordered by me. Therefore, I have confidence that the Tenants are serious about maintaining their housing, and so, they will continue to make the payments to the Landlord. 14. The Landlord did not lead any evidence to establish any severe financial hardship if I was to impose the plan. I also find that the plan is short enough in length that it is reasonable given the circumstances, and so it shall be ordered. It is ordered that: 1. The Tenants shall pay to the Landlord $7,386.00 for arrears of rent up to September 30, 2023 and costs. 2. The Tenants shall pay to the Landlord the amount set out in paragraph 1 in accordance with the following schedule: a) Commencing September 15, 2023 the Tenants shall pay $1,000.00, on or before the 15th day of each month, for a period of 7 months (until March 15, 2024). b) The Tenants shall pay $386.00 on or before April 15, 2024. Order Page 2 of 3  File Number: LTB-L-025499-23 3. The Tenants shall also pay to the Landlord new rent on time and in full as it comes due and owing for the period October 1, 2023 to April 1, 2024, or until the arrears are paid in full, whichever date is earliest. 2023 ONLTB 62476 (CanLII) 4. If the Tenants fail to make any one of the payments in accordance with this order, the outstanding balance of any arrears of rent and costs to be paid by the Tenants to the Landlord pursuant to paragraph 1 of this order shall become immediately due and owing and the Landlord may, without notice to the Tenants, apply to the LTB within 30 days of the Tenants’ breach pursuant to section 78 of the Act for an order terminating the tenancy and evicting the Tenants and requiring that the Tenants pay any new arrears, NSF fees and related charges that became owing after September 30, 2023. September 15, 2023 ____________________________ Date Issued Curtis Begg Member, Landlord and Tenants 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. Order Page 3 of 3