LTB Order LTB-L-026642-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: C. v J., 2023 ONLTB 18348 2023 ONLTB 18348 (CanLII) Date: 2023-02-06 File Number: LTB-L-026642-22 In the matter of: 3rd Floor Room-26 Gibson Avenue Hamilton, ON L8L 6J5 Between: L.C. Landlord And R.J. Tenant L.C. (the 'Landlord') applied for an order to terminate the tenancy and evict R. J. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 16, 2023. The Landlord, the Landlord’s Legal Representative John Lambe and the Tenant attended the hearing. The Tenant spoke with Tenant Duty Counsel prior to 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 $600.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $19.73. This amount is calculated as follows: $600.00 x 12, divided by 365 days. 5. The Tenant has paid $200.00 to the Landlord since the application was filed. 6. The rent arrears owing to January 31, 2023 are $8,600.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Tenant raised the following issues pursuant to s. 82 of the Residential Tenancies Act, 2006 (the ‘Act’). a) Harassment. b) Mice infestation Order Page: 1 of 6  File Number: LTB-L-026642-22 c) A lack of rent receipts d) Stolen food 2023 ONLTB 18348 (CanLII) e) No water f) No heat g) Health and safety h) No electricity i) Camera located outside the Tenant’s room j) False advertising 9. The Tenant testified in respect to each issue and provided evidence of same where he could recall where the evidence was located however, the Tenant had difficulty identifying what documents supported his claims in the evidence that he had filed and when precisely each issue had occurred. 10. That said, the Landlord largely did not dispute the Tenant’s issues that were raised. The Tenant testified that the unit had issues with mice and pictures were provided in evidence to support this issue. 11. The Tenant however, had issues precisely identifying when a lot of the issues raised occurred. The Tenant was permitted to raise issues from January 10, 2022 onwards, as he had served his evidence upon the Landlord and the Board on January 9, 2023. The majority of the issues raised as outlined in the Tenant’s Issues a Tenant Intends to Raise at a Rent Arrears Hearing document were alleged to have occurred prior to January 10, 2023. 12. On a balance of probabilities, I am satisfied that the Tenant was substantially interfered with by the mice in the unit and the Landlord’s lack of action in dealing with the issue in violation of s. 22 of the Act. The Tenant will be awarded a rent abatement of $720.00. 13. With respect to the Tenant’s remaining issues, I am not satisfied on a balance of probabilities that the Tenant’s issues occurred within the one-year period as mentioned and that these issues were effectively raised with the Landlord. 14. There is no last month's rent deposit. 15. The Tenant disputes the amount of arrears owing stating that he owes the Landlord approximately $400.00 as he had been paying the rent to the Landlord in cash. The Tenant did not provide any evidence to support this assertion and relies upon his allegation that the Landlord failed to provide him rent receipts. Order Page: 2 of 6  File Number: LTB-L-026642-22 16. The Landlord submitted that they did not receive any cash from the Tenant with the exception of the payment previously recorded in the L1/L9 update form. 17. The Landlord bears the overall legal burden of proof in this application as the Landlord is the applicant. However, as it is effectively impossible for the Landlord to prove that a cash 2023 ONLTB 18348 (CanLII) payment was not made, the Tenant has an evidentiary burden of proof to prove that disputed payments were made (see Mauti v. Gibbs, 2019 ONSC 3355 (CANLII)). I do not find the Tenant’s evidence, which consisted solely of oral evidence, is sufficient to satisfy this evidentiary burden of proof. 18. The Tenant stated that he recently started a new job and wanted to leave the unit by the end of February. The Tenant will be given until the end of March to either void the order or find a new unit. 19. 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. It is ordered that: 20. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 21. The Tenant may void this order and continue the tenancy by paying to the Landlord: a) $8,666.00 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR b) $9,266.00 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. 22. 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 March 31, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 23. 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. 24. If the Tenant does not void the order, the Tenant shall pay to the Landlord $7,781.68. 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. 25. The Tenant shall also pay the Landlord compensation of $19.73 per day for the use of the unit starting January 17, 2023 until the date the Tenant moves out of the unit. 26. If the Tenant does not pay the Landlord the full amount owing on or before February 17, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 18, 2023 at 5.00% annually on the balance outstanding. Order Page: 3 of 6  File Number: LTB-L-026642-22 27. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 28. 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 2023 ONLTB 18348 (CanLII) may be enforced. 29. 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. February 6, 2023 Date Issued Jagger Benham 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: 4 of 6  File Number: LTB-L-026642-22 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 February 28, 2023 2023 ONLTB 18348 (CanLII) Rent Owing To February 28, 2023 $9,400.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $200.00 application was filed Less the amount the Landlord owes the Tenant for - $720.00 an{abatement/rebate} Total the Tenant must pay to continue the tenancy $8,666.00 B. 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 $10,000.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $200.00 application was filed Less the amount the Landlord owes the Tenant for - $720.00 an{abatement/rebate} Total the Tenant must pay to continue the tenancy $9,266.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $8,515.68 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $200.00 application was filed Less the amount the Landlord owes the Tenant for an - $720.00 {abatement/rebate} Total amount owing to the Landlord $7,781.68 Plus daily compensation owing for each day of occupation starting $19.73 January 17, 2023 (per day) Order Page: 5 of 6 File Number: LTB-L-026642-22 2023 ONLTB 18348 (CanLII) Order Page: 6 of 6