LTB Order LTB-L-029453-22

2023 ONLTB 33549 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: S. v Maxwell, 2023 ONLTB 33549 Date: 2023-05-02 File Number: LTB-L-029453-22 In the matter of: 12 Robin Crt Barrie ON L4M5M1 Between: A.S.A.A.S. L. A. D. A. Maxwell, E. P F. A. Tenants Lorna D Walker A.S.A.A.S. (the 'L.') applied for an order to terminate the tenancy A. evict D. A. Maxwell, E. P F. A. Lorna D Walker (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 27, 2023. The Landlord A. the Tenant, Lorna D Walker attended the hearing. At the hearing the Tenant, Lorna D Walker raised the preliminary issue with respect to the other Tenants stating that they no longer live in the rental unit. I canvassed the parties if they were requesting to amend the application to remove D. A. Maxwell A. E. P F. as tenants. The Landlord contested to removing them as tenants from the application as she has no confirmation that they are no longer living in the rental unit. Based on the submissions, I did not consent to amending the application. Determinations: 1. The L. served the Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). The Tenants 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 Tenants were still in possession of the rental unit. Order Page: 1 of 6  File Number: LTB-L-029453-22 3. The lawful rent is $2,178.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $71.61. This amount is calculated as follows: $2,178.00 x 12, divided by 365 days. 5. The Tenants have paid $21,961.97 to the Landlord since the application was filed. 2023 ONLTB 33549 (CanLII) 6. The rent arrears owing to March 31, 2023 are $7,894.03. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $2,100.00 from the Tenants A. this deposit is still being held by the L.. 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 $42.46 is owing to the Tenants for the period from November 28, 2020 to March 27, 2023. Tenant’s Section 82 Claims 10. The Tenant testified that she withheld rent from the Landlord due to some issues relating to the tenancy. The Tenant sought an abatement of rent due to the issues raised. 11. Section 82(1) of the Act states: 82 (1) at a hearing of an application by a landlord under section 69 for an order terminating a tenancy A. evicting a tenant based on a notice of termination under section 59, the Board shall permit the tenant to raise any issues that could be the subject of an application made by the tenant under the Act. 12. The Tenant did not dispute the arrears of rent; however, she did tell the Board that felt she was entitled to the following abatements totalling $1,249; $200.00 for the inconvenience of two “no show” showings; $94.00 for maintenance supplies; A. $900.00 for a “poop incentive”. No Shows - $200.00 13. The Tenant testified that while the Landlord was attempting to sell the property, there were two occasions when the showing didn’t happen, A. she was not given prior notice. She told the Board that she deducted $200.00 as compensation for the inconvenience but stated that she understood this was likely not acceptable. The Landlord testified that she had no control over people not showing up for the scheduled showings A. should not be responsible for compensation the Tenant. I find that while the instances of “no shows” may have been inconvenient, the Tenant is not permitted under the Act to arbitrarily deduct rent for such reasons. Therefore, this amount will not be granted. Poop Incentive - $900.00 Order Page: 2 of 6  File Number: LTB-L-029453-22 14. The Landlord testified that in order to manage complaints coming from the neighbours, regarding excessive amounts of poop on the property, the Landlord offered the Tenant $100.00 off her rent on a month-to-month basis, she described this as a “poop incentive”. She told the Board that this was not guaranteed each month, A. at no point in time did she tell the Tenant it would be permanent. The Landlord stated that once the relationship 2023 ONLTB 33549 (CanLII) deteriorated A. the Tenant stopped communication with her, she no longer offered the incentive. The Tenant disputed this A. told the Board that although she felt it was “ridiculous” she was going to continue to take the money. She agreed that the relationship broke down, but still felt the Landlord should honour the incentive for nine additional months because that was the agreement. While the Landlord A. Tenant may have agreed to the $100.00 “poop incentive” for a period of time, the Landlord is not responsible for cleaning up after the Tenant’s dog A. is not is not responsible for compensating the Tenant for doing so. Therefore the amount of $900.00 will not be granted. Maintenance Supplies - $94.00 15. The Tenant testified that she purchased furnace filters A. smoke detector batteries because the Landlord failed to do so. The Landlord disputes that she failed to replace the filters A. batteries in the smoke detectors A. told the Board that during this time the Tenant refused her entry. Although the Tenant failed to produce receipts, the Landlord did not dispute that the Tenant purchased the items. Given that the cost of $94.00 seems reasonable in the circumstance I find that the Tenant is entailed to this amount. Relief from eviction 16. At the hearing the Tenant expressed her desire to preserve the tenancy. She told the Board that the arrears are not a result her inability to pay, but rather a result of the ongoing strained relationship between her A. the Landlord. The Tenant proposed a payment plan of $250.00 per month towards the arrears, which would take 32 months to pay off. The Landlord was not in agreement with the payment plan proposed by the Tenant. 17. In addition, the Tenant requested that should the payment plan not be excepted, she requested a delayed eviction of 6-8 months to give her additional time to find alternative accommodations. She indicated that she works from home A. requires space to store inventory. In giving consideration to the Tenant’s circumstances, a delayed eviction would be appropriate, however 6-8 months is an unreasonable amount of time. 18. The Landlord told the Board that the ongoing stress surrounding the tenancy A. the strained relationship between the Landlord A. Tenant has caused her a significant amount of stress A. has had a negative impact on her health. She requested a standard order 11-day from the Board. 19. 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 May 31, 2023 pursuant to subsection 83(1)(b) of the Act. Order Page: 3 of 6  File Number: LTB-L-029453-22 It is ordered that: 1. The tenancy between the L. A. the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order A. continue the tenancy by paying to the 2023 ONLTB 33549 (CanLII) L. or to the LTB in trust: • $12,342.03 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants have paid the full amount owing as ordered plus any additional rent that became due after May 31, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before May 31, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the L. $5,599.04. 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 L. owes on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the L. compensation of $71.61 per day for the use of the unit starting March 28, 2023 until the date the Tenant moves out of the unit. 7. If the Tenants do not pay the L. the full amount owing on or before May 31, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 1, 2023 at 6.00% annually on the balance outstanding. 8. The L. or the Tenants 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 May 31, 2023, then starting June 1, 2023, the L. 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 L. on or after June 1, 2023. May 2, 2023 ____________________________ Date Issued Natalie James Member, Landlord A. Tenant Board Order Page: 4 of 6  File Number: LTB-L-029453-22 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. 2023 ONLTB 33549 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on December 1, 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. *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 A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $34,212.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $21,961.97 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 - $94.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $00.00 Total the Tenant must pay to continue the tenancy $12,342.03 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $29,611.47 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $21,961.97 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 - $2,100.00 Less the amount of the interest on the last month's rent deposit - $42.46 Less the amount the Landlord owes the Tenant for an - $94.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $00.00 Order Page: 5 of 6  File Number: LTB-L-029453-22 Total amount owing to the Landlord $5,599.04 Plus daily compensation owing for each day of occupation starting $71.61 March 28, 2023 (per day) 2023 ONLTB 33549 (CanLII) Order Page: 6 of 6