LTB Order LTB-L-028864-22

2023 ONLTB 18247 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Parkdale Apartments Nominee 2 v C., 2023 ONLTB 18247 Date: 2023-02-07 File Number: LTB-L-028864-22 In the matter of: 303, 32 MAYNARD AVE TORONTO ON M6K2Z9 Between: Parkdale Apartments Nominee 2 Landlord A. D.C.A.K.M. Tenant Parkdale Apartments Nominee 2 (the 'Landlord') applied for an order to terminate the tenancy A. evict D.C.A.K.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 18, 2023. The Landlord's Legal Representative Bryan Rubin A. the 2 nd named 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 $921.60. 4. Based on the Monthly rent, the daily rent/compensation is $30.30. This amount is calculated as follows: $921.60 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. Order Page: 1 of 5  File Number: LTB-L-028864-22 6. The rent arrears owing to January 31, 2023 are $15,742.23. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $848.59 from the Tenant A. this deposit is still 2023 ONLTB 18247 (CanLII) 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. At the hearing, the Landlord testified the Tenant owned $23,104.11 in rent arrears. The Tenant agreed they owned the Landlord that amount A. did not dispute the amount owned. 10. If I was ordering eviction, I canvased with both parties how much time they would be seeking. The Landlord asked the Board to consider an 11-day eviction order. The Tenant wished the Board to consider a payment plan. He stated he has been in the rental unit for 12 years, was involved in a car accident in May 2022 A. he recently started working again. He wished to stay in the rental unit A. proposed a payment plan of $1,200 for 14 months. The Landlord did not agree with the payment plan given the amount of arrears; in addition, this was the only time the Tenant has proposed any payment arrangement since the filing of the application. In the event, the Board rejected his payment plan, the Tenant requested that the Board extend his eviction until March 1, 2023. 11. I agree with the Landlord in rejecting the payment plan proposal. Although, the Tenant was injured in a motor vehicle collision in May 2022, the Tenant did not reach out to the Landlord to convey this information to them. The Tenant did not act diligently in attempting to resolve his outstanding arrears until the hearing date. However, I am prepared to extend the eviction date. 12. 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 March 15, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 1. The tenancy between the Landlord 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 Landlord or to the LTB in trust: • $24,222.63 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR • $25,144.23 if the payment is made on or before March 15, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 5  File Number: LTB-L-028864-22 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 March 15, 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 2023 ONLTB 18247 (CanLII) move out of the rental unit on or before March 15, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $22,076.24. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. 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 $30.30 per day for the use of the unit starting January 19, 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 February 18, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 19, 2023 at 2.00% annually on the balance outstanding. 8. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before March 15, 2023, then starting March 16, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. 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 March 16, 2023. February 7, 2023 ____________________________ Date Issued Anthony Bruno Member, Landlord 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 September 16, 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-028864-22 *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 18247 (CanLII) A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before February 28, 2023 Rent Owing To February 28, 2023 $24,036.63 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 $24,222.63 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before March 15, 2023 Rent Owing To March 31, 2023 $24,958.23 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 $25,144.23 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $22,738.83 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 Order Page: 4 of 5  File Number: LTB-L-028864-22 Less the amount of the last month's rent deposit - $848.59 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 2023 ONLTB 18247 (CanLII) Total amount owing to the Landlord $22,076.24 Plus daily compensation owing for each day of occupation starting $30.30 January 19, 2023 (per day) Order Page: 5 of 5