LTB Order LTB-L-034335-22

2023 ONLTB 25486 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: P. v G., 2023 ONLTB 25486 Date: 2023-03-15 File Number: LTB-L-034335-22 In the matter of: BASEMENT, 44 GULLY DR SCARBOROUGH ON M1K4W4 Between: A.P.A.P.P. L. A. J. G. Tenant A.P.A.P.P. (the 'L.') applied for an order to terminate the tenancy A. evict J. G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 1, 2023. The Landlord, A. P., the L.’ legal representative, T. Patchamuttu, A. the Tenant attended the hearing. The Tenant was assisted by his daughter, T. Littlejohn. Determinations: 1. The L. served the Tenant with a valid Notice to End Tenancy Early for Nonpayment 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 $900.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $29.59. This amount is calculated as follows: $900.00 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-034335-22 5. The Tenant has not paid any rent to the L. since the application was filed. However, the L. served the Tenant with an N12 notice of termination, A. they waived the rent that was due for July 2022 as compensation due pursuant to subsection 48.1 of the Residential Tenancies Act, 2006 (the ‘Act’). 6. The rent arrears owing to February 28, 2023 are $8,100.00. 2023 ONLTB 25486 (CanLII) 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. The Tenant said that he was unable to pay the rent, A. he was unable to vacate the rental unit because he could not work due to a disability for which he was awaiting ODSP payments. He said that he began receiving ODSP three months ago, A. he wants to remain in the rental unit. The Tenant said that he is now in a position to pay $2,200.00 immediately, A. he could then pay $1,100.00 per month going forward. He said that he receives $1,228.00 ODSP per month. 10. The Tenant said that he has looked for another place to live, but he cannot find anything suitable within his budget. 11. The Landlord said that he believes the Tenant has been receiving ODSP for longer than 3 months. He said that the Tenant stopped paying the rent as soon as he was served with the N12 notice of termination, A. the Tenant told him that he did not have to leave, A. he would not have to pay rent. 12. I have considered all of the disclosed circumstances above in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The Tenant did not present any documentary evidence of his former or current income, A. his testimony did not support an ability to pay $1,100.00 per month going forward. He has not made any payment at all towards the rent for at least 8 months, A. he had no explanation for why he had not paid anything at all since he started receiving his ODSP payment. The Tenant just stopped paying any rent as soon as he was served with the L.’ N12 notice of termination, A. the landlord A. tenant relationship broke down after that time. The Tenant has now had over 8 months of free rent, A. it is prejudicial for the tenancy to continue any longer. Consequently, I find that the tenancy is no longer viable as there is no credible prospect of the L. receiving the rent in full A. on time going forward. 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: Order Page: 2 of 4  File Number: LTB-L-034335-22 • $9,186.00 if the payment is made on or before March 26, 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 March 26, 2023 but before the Court Enforcement Office (Sheriff) 2023 ONLTB 25486 (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 March 26, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $7,415.59. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the L. compensation of $29.59 per day for the use of the unit starting February 2, 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 March 26, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 27, 2023 at 5.00% annually on the balance outstanding. 8. The L. or the Tenant 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 March 26, 2023, then starting March 27, 2023, the Landlord 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 Landlord on or after March 27, 2023. March 15, 2023 ____________________________ Date Issued Nancy Morris Member, Landlord 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 September 27, 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. Schedule 1 Order Page: 3 of 4  File Number: LTB-L-034335-22 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 March 26, 2023 Rent Owing To March 31, 2023 $9,900.00 2023 ONLTB 25486 (CanLII) Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $900.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the L. owe 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 if the tenancy is terminated Rent Owing To Hearing Date $8,129.59 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $900.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the L. owe 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 L. $7,415.59 Plus daily compensation owing for each day of occupation starting $29.59 February 2, 2023 (per day) Order Page: 4 of 4