LTB Order LTB-L-029056-24

Order under Section 69 Residential Tenancies Act, 2006 File Number: LTB-L-029056-24 In the matter of: 204, 118 King Street West PO PRESCOTT PRESCOTT ON K0E1T0 Between: A.D. Landlord SEP 11, 2024 And J.S. Tenant A.D. (the 'Landlord') applied for an order to terminate the tenancy and evict J. St- louis (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on July 30, 2024. The Landlord 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 $1,400.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $46.03. This amount is calculated as follows: $1,400.00 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 July 31, 2024 are $7,000.00. 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 $1,400.00 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 $14.58 is owing to the Tenant for the period from March 1, 2024 to July 30, 2024. 10. At the hearing the Tenant sought a payment plan. The Tenant testified that they have recently secured a job where they will be earning $30.00 per hour, and working 30 hours Order Page 1 of 5  File Number: LTB-L-029056-24 per week. By my calculations this will give the Tenant an approximate after-tax income of $2661.00 per month. The Tenant also testified that he receives a monthly child tax benefit of $1100.00 per month which is spent directly on his child in its entirety. 11. Against this the Tenant has monthly expenses of approximately $3775.00 per month. The Tenant proposed a payment plan of $400.00 per month. This would amount to a payment plan of roughly 17.5 months. 12. I am not satisfied that a payment plan is appropriate. In light of the Tenant’s income and their expenses I am not satisfied that the proposed payment plan is viable. Even if the plan were viable, I find it would be prejudicial to the Landlord to impose a payment plan of over 17 months. 13. 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 October 31, 2024 pursuant to subsection 83(1)(b) of the Act. In the alternative to the proposed payment plan, the Tenant sought two or three months to vacate the rental unit. I am not satisfied that three months from the date of this order is appropriate, however I am mindful that there is a child in the rental unit, and a last month’s rent deposit on file. Accordingly, I find it is appropriate to delay eviction until October 31, 2024. This will give the Tenant additional time to void the order or seek alternate accommodation. 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: • $9,986.00 if the payment is made on or before September 30, 2024. See Schedule 1 for the calculation of the amount owing. OR • $11,386.00 if the payment is made on or before October 31, 2024. 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 October 31, 2024 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 October 31, 2024 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $5,752.32. 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. Order Page 2 of 5  File Number: LTB-L-029056-24 6. The Tenant shall also pay the Landlord compensation of $46.03 per day for the use of the unit starting July 31, 2024 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 October 31, 2024, the Tenant will start to owe interest. This will be simple interest calculated from November 1, 2024 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before October 31, 2024, then starting November 1, 2024, 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 1, 2024. September 11, 2024 ____________________________ Date Issued Reid Jackson 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 1, 2025 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-029056-24 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 September 30, 2024 Rent Owing To September 30, 2024 $9,800.00 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 $9,986.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before October 31, 2024 Rent Owing To October 31, 2024 $11,200.00 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 $11,386.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $6,980.90 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 - $1,400.00 Less the amount of the interest on the last month's rent deposit - $14.58 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page 4 of 5  File Number: LTB-L-029056-24 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $5,752.32 Plus daily compensation owing for each day of occupation starting $46.03 July 31, 2024 (per day) Order Page 5 of 5