LTB Order LTB-L-029201-23

2023 ONLTB 69579 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: BEDFORD PROPERTIES & ESTATES LTD. v R., 2023 ONLTB 69579 Date: 2023-10-23 File Number: LTB-L-029201-23 In the matter of: 0008, 38 LAMBTON AVE TORONTO ON M6N2S1 Between: BEDFORD PROPERTIES & ESTATES LTD. Landlord And S.R. Tenant BEDFORD PROPERTIES & ESTATES LTD. (the 'Landlord') applied for an order to terminate the tenancy and evict S.R. and Theodore Debassige because they did not pay the rent that they owe. This application was heard by videoconference on October 11, 2023. The Landlord’s Legal Representative, Debra Fine, and the Tenant, S.R., attended the hearing. Determinations: 1. At the beginning of the hearing, the parties agreed that the application should be amended to remove Theodore Debassige as a party/tenant because he passed away. The application is amended accordingly and throughout the order, S.R. is referred to as the “Tenant”, singular. 2. 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. 3. As of the hearing date, the Tenant was still in possession of the rental unit. Order Page 1 of 5  File Number: LTB-L-029201-23 4. The lawful rent is $1,539.42. It is due on the 1st day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $50.61. This amount is calculated as follows: $1,539.42 x 12, divided by 365 days. 6. The Tenant has paid $3,000.00 to the Landlord since the application was filed. 2023 ONLTB 69579 (CanLII) 7. The rent arrears owing to October 31, 2023 are $9,022.93. 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 $1,512.90 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. Interest on the rent deposit, in the amount of $29.43 is owing to the Tenant for the period from January 1, 2023 to October 11, 2023. 11. The Tenant testified that ODSP pays a portion of her rent directly to the Landlord and this is the first time she is hearing that they are not paying her rent. 12. The Tenant provided testimony regarding personal and financial difficulties that arose (included the death of her spouse and that she is sick with a broken hip) which impacted her ability to pay her rent. ODSP pays $1,000.00 towards her rent and her share is $539.42. The Tenant testified that she does not have her share and she is looking for more affordable housing. The Tenant did not propose a repayment plan. 13. The Landlord opposed the Tenant’s submission that the Tenant was not aware of the arrears as she was given an N4 and letters from the Landlord. They noted the arrears owing since filing the application have increased by almost $6,000.00 and their position was the Tenant failed to make any payments towards rent since June 13, 2023 and failed to adequately communicate with the Landlord which displayed a lack of good faith. The Landlord is seeking eviction. 14. 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. I am not satisfied that a payment plan would be appropriate in the circumstances because I am not satisfied that the Tenant can afford to pay the rent, let alone the arrears owing. Similarly, I find that delaying eviction would not be appropriate in the circumstances because the Tenant did not provide credible evidence to explain why she has not paid the rent. I find that postponing eviction will more likely than not result in an increase in the arrears owing. It is ordered that: Order Page 2 of 5  File Number: LTB-L-029201-23 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: 2023 ONLTB 69579 (CanLII) • $9,208.93 if the payment is made on or before October 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $10,748.35 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 $6,683.89. 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 $50.61 per day for the use of the unit starting October 12, 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 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 Teresa Hunt Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 Order Page 3 of 5  File Number: LTB-L-029201-23 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. 2023 ONLTB 69579 (CanLII) 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 Rent Owing To October 31, 2023 $12,022.93 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $3,000.00 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 $9,208.93 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 $13,562.35 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $3,000.00 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 $10,748.35 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,040.22 Application Filing Fee $186.00 NSF Charges $0.00 Order Page 4 of 5  File Number: LTB-L-029201-23 Less the amount the Tenant paid to the Landlord since the - $3,000.00 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 - $1,512.90 2023 ONLTB 69579 (CanLII) Less the amount of the interest on the last month's rent deposit - $29.43 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 $6,683.89 Plus daily compensation owing for each day of occupation starting $50.61 October 12, 2023 (per day) Order Page 5 of 5