LTB Order LTB-L-032305-23

2023 ONLTB 64685 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: grine v P., 2023 ONLTB 64685 Date: 2023-09-27 File Number: LTB-L-032305-23 In the matter of: Upper, 720 NORWOOD AVE LONDON ON N5Y4M7 Between: G.R.A.R.A. L. A. S. P. Tenant Grine A. R. A. (the 'L.') applied for an order to terminate the tenancy A. evict S. P. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on August 17, 2023. The L.’s Representative Gerald Hodgins A. the Tenant attended the hearing. Determinations: 1. The L. 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 $1,500.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $49.32. This amount is calculated as follows: $1,500.00 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 August 31, 2023 are $7,500.00. Order Page 1 of 5  File Number: LTB-L-032305-23 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 $800.00 from the Tenant 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. 2023 ONLTB 64685 (CanLII) 9. Interest on the rent deposit, in the amount of $10.85 is owing to the Tenant for the period from February 1, 2023 to August 17, 2023. 10. The Tenant was asked why he did not pay the rent. He could give no logical or reasonable answer to this question. 11. He did not file any application under s. 82 of the Residential Tenancies Act, 2006 (the “Act”). 12. He argued that during an inspection of the fire alarm A. plumbing, the L. “got aggressive”. No complaint was filed by the Tenant. 13. The Tenant said that the L. did not agree to mediate on the question of the arrears. It is not the L.’s obligation to do so. 14. The Tenant said he felt invaded, A. that he did not feel safe in the home. Yet he filed no action for illegal entry by the L., as he could have. 15. 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 A. whether the L. attempted to negotiate a repayment agreement with the Tenant A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 16. The Tenant said his rental subsidy was cut. I have no jurisdiction to vary the contractual rent based on a reduction of the Tenant’s rental subsidies. 17. The Tenant has a 14 year old son. 18. He requested 60 days to move out. 19. The Tenant offered to pay $500/month until the arrears are paid off. 20. The L. argued that the Tenant’s child does not live with the Tenant. He argued that the Tenant’s girlfriend lives in the unit. 21. In my view, I see no reason to depart from a standard order with 11 days to pay off the arrears. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. Order Page 2 of 5  File Number: LTB-L-032305-23 2. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $9,186.00 if the payment is made on or before September 30, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 64685 (CanLII) OR • $10,686.00 if the payment is made on or before October 8, 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 October 8, 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 October 8, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $6,213.59. 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 Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the L. compensation of $49.32 per day for the use of the unit starting August 18, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the L. the full amount owing on or before October 8, 2023, the Tenant will start to owe interest. This will be simple interest calculated from October 9, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before October 8, 2023, then starting October 9, 2023, the L. 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 L. on or after October 9, 2023. September 27, 2023 ____________________________ Date Issued James Campbell Member, L. 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. Order Page 3 of 5  File Number: LTB-L-032305-23 In accordance with section 81 of the Act, the part of this order relating to the eviction expires on April 9, 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. Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 64685 (CanLII) A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before September 30, 2023 Rent Owing To September 30, 2023 $9,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. 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 $9,186.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before October 8, 2023 Rent Owing To October 31, 2023 $10,500.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. 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 $10,686.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $6,838.44 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $0.00 application was filed Order Page 4 of 5  File Number: LTB-L-032305-23 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 - $800.00 Less the amount of the interest on the last month's rent deposit - $10.85 Less the amount the L. owes the Tenant for an - $0.00 2023 ONLTB 64685 (CanLII) {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the L. $6,213.59 Plus daily compensation owing for each day of occupation starting $49.32 August 18, 2023 (per day) Order Page 5 of 5