LTB Order LTB-L-026140-23

2023 ONLTB 57699 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: O.C.H. v R., 2023 ONLTB 57699 Date: 2023-08-21 File Number: LTB-L-026140-23 In the matter of: 24 FINLAND P. O. ON K1T3P2 Between: O.C.H. L. A. P. R. Tenant O.C.H. (the 'L.') applied for an order to terminate the tenancy A. evict P. R. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on July 31, 2023. The L.’s representative Beth Cumming A. the Tenant attended the hearing. Determinations: 1. The L. 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 $426.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $14.01. This amount is calculated as follows: $426.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. After the application was filed, the Tenant received a credit of $5,985.00 as the rent was reduced from $1,125.00 to $426.00 on May 05, 2022. Order Page 1 of 5  File Number: LTB-L-026140-23 7. The rent arrears owing to July 31, 2023 are $5,101.00. 8. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. 2023 ONLTB 57699 (CanLII) 10. The L. sought a standard order because the Tenant's offer to pay $100.00 monthly for 52 months is unrealistic A. may put the L. in further financial distress. The L. claims that the Tenant has not made any payment since July 2022, A. the L. cannot grant the Tenant a payment plan of less than $221.00 a month. The L. claims that any order other than a standard eviction order will be prejudicial as the arrears are significant. 11. The Tenant does not dispute the rent arrears but submitted that he had difficulties paying the rent when the L. changed his monthly subsidized rent payment from about $500.00 to $1,125.00 market price. The Tenant explained that he lost his subsidized rent because his daughter did not provide the L. with the necessary documentation to calculate their rent. 12. The Tenant testified that he is in a family recovery claim, which leaves him with only $440.00 monthly earnings, which makes it impossible to pay the $826.00 monthly rent A. expenses. The Tenant sought a postponed eviction to give him some time to pay the arrears A. continue the tenancy since his daughter works as a support worker A. will contribute towards the rent arrears A. monthly expenses. 13. On a balance, I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would not be unfair to postpone the eviction until September 30, 2023 pursuant to subsection 83(1)(b) of the Act to give the Tenant sufficient time to pay the arrears A. continue the tenancy, as preferred by the L.. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $5,287.00 if the payment is made on or before August 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $5,713.00 if the payment is made on or before September 30, 2023. See Schedule 1 for the calculation of the amount owing. Order Page 2 of 5  File Number: LTB-L-026140-23 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 September 30, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 2023 ONLTB 57699 (CanLII) 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 30, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $5,287.00. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the L. compensation of $14.01 per day for the use of the unit starting August 1, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the L. the full amount owing on or before September 1, 2023, the Tenant will start to owe interest. This will be simple interest calculated from September 2, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before September 30, 2023, then starting October 1, 2023, the L. 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 L. on or after October 1, 2023. August 21, 2023 ____________________________ Date Issued Percy Laryea Member, L. A. 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 April 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. Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before August 31, 2023 Order Page 3 of 5  File Number: LTB-L-026140-23 Rent Owing To August 31, 2023 $11,086.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $0.00 application was filed 2023 ONLTB 57699 (CanLII) Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the L. owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $5,985.00 Total the Tenant must pay to continue the tenancy $5,287.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before September 30, 2023 Rent Owing To September 30, 2023 $11,512.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $5,985.00 Total the Tenant must pay to continue the tenancy $5,713.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,086.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the L. owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $5,985.00 Total amount owing to the L. $5,287.00 Order Page 4 of 5  File Number: LTB-L-026140-23 Plus daily compensation owing for each day of occupation starting $14.01 August 1, 2023 (per day) 2023 ONLTB 57699 (CanLII) Order Page 5 of 5