LTB Order LTB-L-034425-22

Order under Section 21.2 of the Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: EQB Ltd. v Susan Hunt, 2023 ONLTB 37661 2023 ONLTB 37661 (CanLII) Date: 2023-05-17 File Number: LTB-L-034425-22-RV2 In the matter of: 177, 17 OLD PINE TRAIL ST CATHARINES ON L2M6P9 Between: EQB Ltd. Landlord And Susan Hunt Tenant Review Order EQB Ltd. (the 'Landlord') applied for an order to terminate the tenancy and evict Susan Hunt (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was originally resolved by order LTB-L-034425-22 issued on February 15, 2023. Only the Landlord’s agent attended the hearing on February 1, 2023. On March 16, 2023, the Tenant requested a review of the order and that the order be stayed until the request to review is resolved. On March 17, 2023 LTB-L-034425-22-RV-IN was issued, staying the order issued on February 15, 2023. On April 4, 2023 the hearing for the review took place. Only the Landlord’s agent attended the review hearing. On April 12, 2023 the Board issued order LTB-L-034425-22-RV which dismissed the Tenant’s review request as abandoned. On April 20, 2023 the Tenant filed a request to review the review order that was issued on April 12, 2023 and that the order be stayed until the request to review is resolved. On April 21, 2023, LTB-L-034425-22-RV-IN was issued, staying the review order issued on April 12, 2023. This review of the review order and the original L1 application was heard by videoconference on May 8, 2023. The Landlord’s agent, Jennifer Harrietha, the Landlord’s legal representative, Ibifiri Fabian, the Tenant and the Tenant’s witness and support person, Leann Kuijer, attended the hearing. Order Page: 1 of 5  File Number: LTB-L-034425-22-RV2 Determinations: 1. I find that the Tenant was not reasonably able to participate in the review hearing which took place on April 4, 2023 on the basis that they did not understand the process in order to log onto the videoconference hearing and they had technical issues signing in. 2. With respect to the original L1 application hearing that took place on February 1, 2023, I 2023 ONLTB 37661 (CanLII) also find that the Tenant was not reasonably able to participate in the hearing on the basis that they did not understand the process in order to log onto the videoconference hearing. The Tenant believed that their PIN access would log them into the hearing and the Tenant failed to sign in with the access information for ZOOM or the telephone information because they did not understand the process. 3. The request to review the review order and the original L1 application order are therefore granted. L1 Application 4. The Landlord 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. 5. As of the hearing date, the Tenant was still in possession of the rental unit. 6. The lawful rent as of February 1, 2023 is $919.95. It is due on the 1st day of each month. 7. The Tenant disputed the rent increase and indicated that the Landlord can only increase the rent on their rental anniversary date of July 1st. However, I find that the rent increase is still effective on February 1, 2023 because more than 12 months had passed since the Landlord increased the rent. The last rent increase the Landlord applied was for July 1, 2020. This is more than the 12 month’s required under section 119 of the Residential Tenancies Act, 2006 (the ‘Act’). 8. Based on the Monthly rent, the daily rent/compensation is $30.24. This amount is calculated as follows: $919.95 x 12, divided by 365 days. 9. The Tenant has paid $4,498.00 to the Landlord since the application was filed. 10. The rent arrears owing to May 31, 2023 are $6,205.91. 11. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 12. There is no last month's rent deposit. Section. 83 Relief 13. The Tenant has been struggling with their finances and don’t believe they qualify any more for their subsidy for a 2 bedroom unit since their son moved out of the home late in 2022. The Tenant has a roommate, Leann Kuijer, who is going to start supporting the Tenant with $500.00 a month towards the rent so that the Tenant can catch up on the arrears. Order Page: 2 of 5  File Number: LTB-L-034425-22-RV2 14. The Tenant’s income source is ODSP and indicated they receive $1,173.00 per month. The Tenant utilizes the food bank and her children have purchased her a cell phone which they pay for. The Tenant also pays for Hydro and Gas for the rental unit. The Tenant’s expenses combined with the lawful rent do not amount to a viable tenancy on the basis that the amounts combined already exceed what the Tenant receives for ODSP. This is evident by the fact that the Tenant has not been paying full rent to the Landlord since July 2023 ONLTB 37661 (CanLII) of 2022. 15. The Tenant proposed that they pay the rent on the first and that her roommate would start to provide her with $500.00 for renting the second bedroom in the rental unit and that she could likely pay an additional $200.00 per month towards the arrears. The Tenant indicated that they have saved up $1,800.00 in case they needed it to move, and the Tenant indicated that OW has also told her that they can give the Landlord up to $3,000.00 so long as they have an order from the Board to do so. The Tenant also offered to have her roommate pay the Landlord $500.00 on the day of the hearing if they would consider letting her stay. 16. The Tenant has lived in the rental unit for more than 12 years. 17. Aside from the Tenants roommate confirming her ability to pay the $500.00 a month, the Tenant did not provide any documentary evidence or confirmation that OW would support the rent arrears payments. 18. It is the Landlords position that the Landlord had reached out directly to Niagara Housing to seek assistance for the Tenant and they continuously followed up with Niagara Housing to see whether or not they would provide the Tenant with a subsidy. Niagara Housing told the Landlord that they were unable to support the Tenant because the Tenant failed to provide them with the necessary paperwork to consider the subsidy. 19. Based on the lengthy tenancy and the Tenant’s financial circumstances, I find it appropriate to postpone the enforcement of the order so that the Tenant can reach out to the community for support on paying off the arrears to the Landlord. The Tenant further indicated that she would be willing to sell all of her belongings in order to ensure she has a place to live. 20. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until June 30, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 1. The request to review order LTB_L-034425-22-RV issued on April 12, 2023 is granted and replaced with the following order: 2. The request to review order LTB-L-034425-22 issued on February 15, 2023 is granted and replaced with the following order: 3. The interim order issued on April 21, 2023 is cancelled and replaced with the following order: 4. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. Order Page: 3 of 5  File Number: LTB-L-034425-22-RV2 5. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust:  $6,391.91 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. OR 2023 ONLTB 37661 (CanLII)  $7,311.86 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. 6. 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 June 30, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 7. 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 June 30, 2023 8. If the Tenant does not void the order, the Tenant shall pay to the Landlord $5,743.88. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 9. The Tenant shall also pay the Landlord compensation of $30.24 per day for the use of the unit starting May 9, 2023 until the date the Tenant moves out of the unit. 10. If the Tenant does not pay the Landlord the full amount owing on or before May 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 29, 2023 at 6.00% annually on the balance outstanding. 11. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 12. If the unit is not vacated on or before June 30, 2023, then starting July 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 13. 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 July 1, 2023. May 17, 2023 Date Issued Terri van Huisstede Member, Landlord and 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 January 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-034425-22-RV2 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 31, 2023 2023 ONLTB 37661 (CanLII) Rent Owing To May 31, 2023 $10,703.91 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $4,498.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Total the Tenant must pay to continue the tenancy $6,391.91 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before June 30, 2023 Rent Owing To June 30, 2023 $11,623.86 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $4,498.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Total the Tenant must pay to continue the tenancy $7,311.86 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $10,025.88 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $4,498.00 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 Total amount owing to the Landlord $5,743.88 Plus daily compensation owing for each day of occupation starting $30.24 May 9, 2023 (per day) Order Page: 5 of 5