LTB Order LTB-L-027279-22

2023 ONLTB 18920 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: B. v M., 2023 ONLTB 18920 Date: 2023-02-09 File Number: LTB-L-027279-22 In the matter of: 1712, 18 YONGE ST TORONTO ON M5E1Z8 Between: H.B. Landlord And O.M. Tenant H.B. (the 'Landlord') applied for an order to terminate the tenancy and evict O. M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 17, 2023. The Landlord’s Representative, Brent Lockwood and the Tenant attended the hearing. The Tenant wanted to raise his own issues with respect to the tenancy under section 82 of the Act, but did not provide advance disclosure to the Landlord in accordance with the Board’s rules or as required under section 82(2) of the Act. The Tenant may file his own application. 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. After listening to the recording of the hearing, I find the N4 Notice is a valid notice of termination. There was inconsistency with respect to the Tenant’s testimony with respect to one month compensation (as a result of N12 Notice) that offset February’s 2022 rent charges when he also stated that the last month rent deposit was applied to February rent charges and the compensation was applied to March 2022 rent charges. The email Order Page: 1 of 5  File Number: LTB-L-027279-22 exchanged between the parties around March 2, 2022 at 5:21 pm., captures a discussion that suggest the Tenant sent March 2022 rent charges and the Landlord was seeking proof of payment because he did not receive the electronic payment. The Tenant confirms neither February or March 2022 rent charges were paid and since there was nothing about the one compensation in writing, I find the Tenant has not establish the amount of 2023 ONLTB 18920 (CanLII) arrears owing on the N4 Notice is incorrect. 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent is $2,201.00. It is due on the 1st day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $72.36. This amount is calculated as follows: $2,201.00 x 12, divided by 365 days. 6. The Tenant has paid $17,556.00 to the Landlord since the application was filed. 7. The rent arrears owing to January 31, 2023 are $8,700.00. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $2,175.00 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. 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. The Tenant offered a payment plan of $200.00 per month in addition to rent which is not reasonable given the amount of arrears owing. The Tenant will obtain assistance from family and requested an extended termination date to March 31, 2023. The Landlord was not opposed to giving the Tenant additional time to void the order. 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: • $11,087.00 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. • $13,288.00 if the payment is made on or before March 31, 2023. 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 Order Page: 2 of 5  File Number: LTB-L-027279-22 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 2023 ONLTB 18920 (CanLII) 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $5,740.12. 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 $72.36 per day for the use of the unit starting January 18, 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 March 31, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 1, 2023 at 5.00% annually on the balance outstanding. 8. 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. 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 April 1, 2023. February 9, 2023 ____________________________ Date Issued Sandra Macchione 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 August 21, 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-027279-22 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 18920 (CanLII) Rent Owing To February 28, 2023 $28,457.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $17,556.00 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 $11,087.00 A. 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 $30,658.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $17,556.00 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 $13,288.00 B. C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $25,285.12 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $17,556.00 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 - $2,175.00 Order Page: 4 of 5  File Number: LTB-L-027279-22 Less the amount of the interest on the last month's rent deposit - $0.00 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 $5,740.12 2023 ONLTB 18920 (CanLII) Plus daily compensation owing for each day of occupation starting $72.36 January 18, 2023 (per day) Order Page: 5 of 5