LTB Order LTB-L-027611-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: Equiton Residential Income Fund LP v T., 2023 ONLTB 69995 2023 ONLTB 69995 (CanLII) Date: 2023-10-23 File Number: LTB-L-027611-23 In the matter of: 106, 78 BRAEMAR DR BRAMPTON ON L6T2M2 Between: Equiton Residential Income Fund LP Landlord And P.T. Tenant Equiton Residential Income Fund LP (the 'Landlord') applied for an order to terminate the tenancy and evict P.T. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on October 10, 2023. The Landlord’s Legal Representative D. Abraham 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 $1,778.37. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $58.47. This amount is calculated as follows: $1,778.37 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to October 31, 2023 are $26,458.70. 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 $1,735.00 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. 9. Interest on the rent deposit, in the amount of $53.24 is owing to the Tenant for the period from July 20, 2022 to October 10, 2023. Order Page 1 of 5  File Number: LTB-L-027611-23 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 2023 ONLTB 69995 (CanLII) 11. The Landlord’s Legal Representative stated that the current Landlord took over the residential complex on July 22, 2023. The previous Landlord also has a L9 order for rent arrears against the Tenant. The Tenant also has a history of rent arrears applications from previous tenancies. The Tenant has been approached by the Landlord, but the Tenant has not made a single payment. 12. The Tenant testified that when he moved in his father came from China to live with him and he was supposed to help him with the rent but then his father got sick. The Tenant had to take care of his father and he has been struggling since then. His father has moved to some other place so now the Tenant is seeking work actively. The Tenant testified he is a licensed electrician, and he should find work soon and then he will start paying the Landlord back. He also asked for two months to move out. 13. Based on the evidence before me, I do not find that the tenancy is viable for the Tenant under his present circumstances. The Tenant has no source of income and does not have a job in hand or in the pipeline. The rent arrears balance is substantial and any more delay will be highly prejudicial to the Landlord. Therefore I am not willing to give the Tenant more time beyond standard order and I explained the same to him at the hearing as well. 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:  $26,644.70 if the payment is made on or before October 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $28,423.07 if the payment is made on or before November 3, 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 the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after November 3, 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 November 3, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $23,662.79. 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 Order Page 2 of 5  File Number: LTB-L-027611-23 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 $58.47 per day for the use of the unit starting October 11, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 69995 (CanLII) 7. If the Tenant does not pay the Landlord the full amount owing on or before November 3, 2023, the Tenant will start to owe interest. This will be simple interest calculated from November 4, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 3, 2023, then starting November 4, 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 November 4, 2023. October 23, 2023 Date Issued Sheena Brar 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 May 4, 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. Order Page 3 of 5  File Number: LTB-L-027611-23 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 October 31, 2023 2023 ONLTB 69995 (CanLII) Rent Owing To October 31, 2023 $26,458.70 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 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 $26,644.70 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before November 3, 2023 Rent Owing To November 30, 2023 $28,237.07 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 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 $28,423.07 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $25,265.03 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 - $1,735.00 Less the amount of the interest on the last month's rent deposit - $53.24 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page 4 of 5  File Number: LTB-L-027611-23 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $23,662.79 Plus daily compensation owing for each day of occupation starting $58.47 October 11, 2023 (per day) 2023 ONLTB 69995 (CanLII) Order Page 5 of 5