LTB Order LTB-L-035610-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: N.S. v P. S., 2023 ONLTB 42007 2023 ONLTB 42007 (CanLII) Date: 2023-06-09 File Number: LTB-L-035610-22 In the matter of: Unit A, Front Unit, 319 BROADWAY ORANGEVILLE ON L9W1L4 Between: N.S. Landlord And B.S.A.P.S.J. Tenant Lisa Russo P. S. N.S. (the 'Landlord') applied for an order to terminate the tenancy and evict B. S., Lisa Russo and P. S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 30, 2023. The Landlord’s Agent Hindraj “Nick” Takhar, the Landlord’s Legal Representative Shalini Puri and the Tenant B. S. attended the hearing on his behalf and also on behalf of the Tenant P. S., his father. Determinations: 1. Prior to the commencement of the hearing, the Landlord’s Legal Representative stated that the Tenant has not complied with interim order LTB-L-0035610-22-IN issued February 10, 2023, particularly that the Tenant did not pay any rent for the months of April, 2023 and May, 2023. As a result, the Landlord’s Legal Representative requested that I refuse to accept any evidence, submissions or consider the issues not disclosed by the Tenant. 2. 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. 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent is $2,050.00. It is due on the 1st day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $67.40. This amount is calculated as follows: $2,050.00 x 12, divided by 365 days. 6. The Tenant has paid $10,600.00 to the Landlord since the application was filed. Order Page: 1 of 5  File Number: LTB-L-035610-22 7. The rent arrears owing to May 31, 2023 are $13,650.00. 8. The Tenant does not dispute the amount of arrears and states he has no excuse to offer other than that he paid other bills instead of paying rent. 9. The Landlord incurred costs of $186.00 for filing the application and is entitled to 2023 ONLTB 42007 (CanLII) reimbursement of those costs. 10. The Landlord collected a rent deposit of $2,500.00 from the Tenant and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 11. Interest on the rent deposit, in the amount of $142.19 is owing to the Tenant for the period from July 1, 2019 to May 30, 2023. 12. The Landlord’s Legal Representative requests that a standard order be issued as there are significant arrears and the Tenants have made no attempts to pay rent recently, particularly April and May, 2023 despite an interim order being issued. The Landlord’s Legal Representative stated that the Landlord has had to use personal funds to pay the mortgage and utilities and is causing financial hardship to the Landlord. The Tenant has not responded to the Landlord’s text messages as well. 13. The Tenant states that he resides in the rental unit with his father, P. S. and that both would like to preserve their tenancy. The Tenant states that he was off work since November, 2022 and just started a new job. The Tenant stated that he expects to earn $850.00 to $1,000.00 per week. The Tenant testified that his girlfriend’s child resides with his grandparents during school and does not live with them 100% of the time. 14. The Tenant proposes that he pay $500.00 per month towards arrears until they are satisfied which would take over 2 years to satisfy and the Landlord’s Legal Representative stated it was too long a period and would be prejudicial to the Landlord. 15. Pursuant to section 83(2) of the Act, the Board is required to consider “all of the circumstances” to determine whether or not it would be unfair to refuse eviction, delay eviction or put in place some sort of conditional order. 16. The Tenant’s evidence was that he just started a new job and expects to have his financial circumstances rectified now that he is working; however, there was no evidence of how concrete this expectation was. While the Tenant proposes to pay rent and $500.00 towards arrears, despite an interim order being issued directing rent be paid on full and on time, the Tenant disregarded it, paid other bills and failed to have communications with the Landlord. On the other hand, the Landlord is owed a significant amount of arrears with a proposal to pay back the arrears taking a substantial period of time and the Landlord is experiencing financial hardship himself. 17. Having regard to all of the circumstances, and the evidence and submissions before me, I am not satisfied it would be unfair to the Landlord to give the Tenant some additional time to move. While I accept the Tenant has had difficulties, particularly with personal and financial circumstances, they have made no attempt to contact the Landlord to discuss their situation or to abide by an interim order issued by this Board and chose to pay other bills. To prolong this tenancy, in my view, would be prejudicial to the Landlord and unfair Order Page: 2 of 5  File Number: LTB-L-035610-22 to the Tenant as the arrears are surmounting. The additional time to vacate the rental unit will hopefully assist the Tenant in finding alternate accommodations. 18. 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 2023 ONLTB 42007 (CanLII) postpone the eviction until June 30, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust:  $15,886.00 if the payment is made on or before June 30, 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 June 30, 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 June 30, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $11,165.81. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord 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 Landlord compensation of $67.40 per day for the use of the unit starting May 31, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before June 20, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 21, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord 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 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. 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 July 1, 2023. June 9, 2023 Date Issued Heather Chapple Member, Landlord and Tenant Board Order Page: 3 of 5  File Number: LTB-L-035610-22 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. 2023 ONLTB 42007 (CanLII) 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-035610-22 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 June 30, 2023 2023 ONLTB 42007 (CanLII) Rent Owing To June 30, 2023 $26,300.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $10,600.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord 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 $15,886.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $24,222.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $10,600.00 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 - $2,500.00 Less the amount of the interest on the last month's rent deposit - $142.19 Less the amount the Landlord owes 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 Landlord $11,165.81 Plus daily compensation owing for each day of occupation starting $67.40 May 31, 2023 (per day) Order Page: 5 of 5