LTB Order LTB-L-030771-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: IMH Pool XIV LP v Y., 2023 ONLTB 71765 2023 ONLTB 71765 (CanLII) Date: 2023-11-06 File Number: LTB-L-030771-23 In the matter of: 311, 3480 HAVENWOOD DR MISSISSAUGA ON L4X2M8 Between: IMH Pool XIV LP Landlord A. M.G.Y.A.M.A. Tenants Barnaby IMH Pool XIV LP (the 'Landlord') applied for an order to terminate the tenancy A. evict M. G. Y. A. M. A. Barnaby (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on October 23, 2023. The Landlord’s Legal Representative, Phylicia Thomas, A. the Tenant, M. Y. (MGY), attended the hearing. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Non- payment 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. 3. The lawful rent is $2,019.61. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $66.40. This amount is calculated as follows: $2,019.61 x 12, divided by 365 days. 5. The Tenants has paid $7,981.00 to the Landlord since the application was filed. 6. The rent arrears owing to October 31, 2023 are $7,003.13. 7. The Landlord is entitled to $20.00 to reimburse the Landlord for administration charges A. $5.00 for bank fees the Landlord incurred as a result of 1 cheque given by or on behalf of the Tenants which was returned NSF. Order Page 1 of 5  File Number: LTB-L-030771-23 8. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $1,947.00 from the Tenants A. this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of 2023 ONLTB 71765 (CanLII) the tenancy if the tenancy is terminated. 10. Interest on the rent deposit, in the amount of $95.51 is owing to the Tenants for the period from May 1, 2021 to October 23, 2023. 11. The position of the Landlord is the tenancy should be terminated as it is not feasible for the Tenants to pay the arrears A. new rent due. 12. The arrears are not in dispute. 13. The position of the Tenant is that they fell behind on rent payments when MGY took three months of unpaid time off work to take care of her sick child. The Tenants have two children ages four- A. two-years old living in the rental unit. As of the day of the hearing MGY submitted she is working full time A. the other Tenant MAB is also working full time. 14. MGY requested relief from eviction A. requested the Board consider a payment plan to pay the arrears owed to the Landlord A. preserve the tenancy. When asked for details regarding a payment plan, the Tenant advised she could put $1,000.00 a month toward the arrears. 15. In order to determine if the Tenant could afford the $1,000.00 monthly repayment plan MGY submitted financial information for the Board’s consideration. The combined household income is $4,518.00 A. the combined expenses for the Tenants is approximately $4732.00, leaving a balance of approximately ($214.00). After calculating the expenses A. the income of the household, we explained to the Tenant they are in a deficit each month. The Tenant did not disagree A. stated she did not know how she would pay back the arrears A. the future rent as it comes due. 16. MGY submitted she was due to receive financial assistance payments, but at the time of the hearing MGY did not submit any documentary evidence to support her claim. Section 83 Relief from Eviction 17. The Tenant submitted she would need 2 months to find alternative housing should we order termination of tenancy. The Tenant testified she could not pay for November rent in full. The Landlord holds a last month rent deposit which can be applied to the final month of tenancy. Extending the termination date to November 30, 2023 will not increase the arrears A. will not further prejudice the Landlord. 18. We 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. We have considered the submission from the Tenant with regards to their two Y. children living in the rental unit, A. her current employment situation. While both Tenants are employed full time their current monthly income falls short of their monthly expenses A. therefore consideration of a repayment plan to pay the Landlord the arrears A. preserve the tenancy is not viable. We have weighed the quantum of the arrears owed to the Landlord against how a long delay in eviction will further prejudice the Order Page 2 of 5  File Number: LTB-L-030771-23 Landlord A. therefore we are granting the Landlord an order for eviction, however we find that it would not be unfair to postpone the eviction until November 30, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 2023 ONLTB 71765 (CanLII) 1. The tenancy between the Landlord A. the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust:  $9,233.74 if the payment is made on or before November 30, 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 has paid the full amount owing as ordered plus any additional rent that became due after November 30, 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 November 30, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $4,679.21. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application A. unpaid NSF charges. The rent deposit A. interest the Landlord 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 Landlord compensation of $66.40 per day for the use of the unit starting October 24, 2023 until the date the Tenants moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before November 17, 2023, the Tenants will start to owe interest. This will be simple interest calculated from November 18, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 30, 2023, then starting December 1, 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 December 1, 2023. November 6, 2023 Date Issued Elena Jacob Member, Landlord A. Tenant Board Order Page 3 of 5  File Number: LTB-L-030771-23 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 Greg Brocanier Member, Landlord A. Tenant Board If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. 2023 ONLTB 71765 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on June 1, 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 4 of 5  File Number: LTB-L-030771-23 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before November 30, 2023 2023 ONLTB 71765 (CanLII) Rent Owing To November 30, 2023 $17,003.74 Application Filing Fee $186.00 NSF Charges $25.00 Less the amount the Tenants paid to the Landlord since the - $7,981.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $9,233.74 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $14,491.72 Application Filing Fee $186.00 NSF Charges $25.00 Less the amount the Tenants paid to the Landlord since the - $7,981.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,947.00 Less the amount of the interest on the last month's rent deposit - $95.51 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $4,679.21 Plus daily compensation owing for each day of occupation starting $66.40 October 24, 2023 (per day) Order Page 5 of 5