LTB Order LTB-L-032870-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 64430 (CanLII) Citation: A. v S., 2023 ONLTB 64430 Date: 2023-09-29 File Number: LTB-L-032870-23 In the matter of: 4009, 12 York St Toronto ON M5J2Z2 Between: S.A.A.D.R. L. A. S. R. S. Tenant S.A.A.D.R. (the 'L.') applied for an order to terminate the tenancy A. evict S. R. S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on August 28, 2023. The L.’s agent Chris Pappas, the L. S. A. A. the Tenant’s agent Zain S. (ZS) 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 $2,203.75. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $72.45. This amount is calculated as follows: $2,203.75 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 $13,222.50. Order Page 1 of 5  File Number: LTB-L-032870-23 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 $2,150.00 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 64430 (CanLII) 9. Interest on the rent deposit, in the amount of $43.74 is owing to the Tenant for the period from November 5, 2022 to August 28, 2023. Section 83 10. Section 83 requires that I consider all the circumstances, including the Tenant’s A. the L.’s situations to determine if it would be appropriate to grant section 83 relief from eviction. 11. The Tenant seeks to remain at the rental unit. The Tenant’s son, ZS, noted the arrears accrued due to a prior loss of employment. ZS now works alongside the Tenant, performing carpentry/trim work A. seeks a repayment plan. 12. The L. indicated the L. has reached out to the Tenant multiple times for a repayment plan without success. The arrears are substantial, A. the L. noted the Tenant’s non-payment over several months has caused the L. financial distress. 13. Although ZS indicated the Tenant can pay back the arrears at a rate of $5,000.00 immediately, A. $3,000.00 thereafter, the L. was doubtful of the Tenant’s sincerity. The Tenant did not produce any documentation or other corroborating evidence in support of their purported ability to abide by such a repayment plan. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the Tenant’s personal A. financial circumstances, A. balanced this with any potential prejudice to the L.. In the circumstances, I find the Tenant’s failure to pay any rent over several months suggests an inability A./or unwillingness to comply with a repayment plan moving forward. I find it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $15,612.25 if the payment is made on or before September 30, 2023. See Schedule 1 for the calculation of the amount owing. OR Order Page 2 of 5  File Number: LTB-L-032870-23 • $17,816.00 if the payment is made on or before October 23, 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 23, 2023 but before the Court Enforcement Office (Sheriff) 2023 ONLTB 64430 (CanLII) 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 23, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $11,039.61. 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 $72.45 per day for the use of the unit starting August 29, 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 10, 2023, the Tenant will start to owe interest. This will be simple interest calculated from October 11, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before October 23, 2023, then starting October 24, 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 24, 2023. September 29, 2023 ____________________________ Date Issued Peter Nicholson 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. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on April 24, 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 Order Page 3 of 5  File Number: LTB-L-032870-23 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 $15,426.25 Application Filing Fee $186.00 NSF Charges $0.00 2023 ONLTB 64430 (CanLII) 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 $15,612.25 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before October 23, 2023 Rent Owing To October 31, 2023 $17,630.00 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 $17,816.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $13,047.35 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 of the last month's rent deposit - $2,150.00 Less the amount of the interest on the last month's rent deposit - $43.74 Less the amount the L. owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Order Page 4 of 5  File Number: LTB-L-032870-23 Total amount owing to the L. $11,039.61 Plus daily compensation owing for each day of occupation starting $72.45 August 29, 2023 (per day) 2023 ONLTB 64430 (CanLII) Order Page 5 of 5