LTB Order LTB-L-035795-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Tracey Park Property Management Inc. v G., 2023 ONLTB 19966 2023 ONLTB 19966 (CanLII) Date: 2023-02-22 File Number: LTB-L-035795-22 In the matter of: 52, 20 TRACEY PARK DR BELLEVILLE ON K8P4R5 Between: Tracey Park Property Landlord Management Inc. And S.G. Tenant Tracey Park Property Management Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict S.G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 2, 2023. The Landlord’s agent, Tais Jacques, and the Tenant attended the hearing. Determinations: 1. The Landlord served the Tenant with a valid Notice to End the 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 $1,345.96. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $44.25. This amount is calculated as follows: $1,345.96 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 February 28, 2023 are $13,363.84. The Tenant agrees that these arrears are owed to the Landlord. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,345.96 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. Order Page: 1 of 5  File Number: LTB-L-035795-22 9. Interest on the rent deposit, in the amount of $8.67 is owing to the Tenant for the period from November 1, 2022 to February 2, 2023. 10. The Landlord’s agent testified that the Landlord sent letters to the Tenant on July 24, 2022, October 14, 2022, and on January 26, 2023, offering the Tenant a repayment plan; 2023 ONLTB 19966 (CanLII) however, the Tenant never responded to these offers from the Landlord. 11. The Tenant testified that she has rent arrears as a result of a separation from her husband, as well as her monetary assistance to homeless people. The Tenant asserted that she plans to pay her rent arrears through financial aid from her parents. The Tenant acknowledged that she receives assistance from the Ontario Disability Support Program (ODSP), but she needs a rental unit that is more affordable. The Tenant noted further that she has two young children, struggles with mental health, and finds it difficult to support herself. 12. 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 March 31, 2023 pursuant to subsection 83(1)(b) of the Act. 13. On the basis of the evidence provided, I am satisfied that the Tenant owes the Landlord significant rent arrears, and has no viable specific plan to pay for these arears and her ongoing monthly rent. I am satisfied that the tenancy is not financially sustainable for the Tenant. I therefore find it would be unfair to the Landlord to grant the Tenant relief from eviction. However, given the Tenant’s financial, family and mental health difficulties, I find it would be reasonable and appropriate to postpone the eviction until March 31, 2023. I also find that this slight delay in the termination of the tenancy would not be unfair to the Landlord. 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:  $13,549.84 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR  $14,895.80 if the payment is made on or before March 31, 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 31, 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 March 31, 2023. Order Page: 2 of 5  File Number: LTB-L-035795-22 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $10,937.75. 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. 2023 ONLTB 19966 (CanLII) 6. The Tenant shall also pay the Landlord compensation of $44.25 per day for the use of the unit starting February 3, 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 March 31, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 1, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before March 31, 2023, then starting April 1, 2023, the Landlord 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 Landlord on or after April 1, 2023. February 22, 2023 Date Issued Frank Ebner 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 October 1, 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. Order Page: 3 of 5  File Number: LTB-L-035795-22 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 February 28, 2023 2023 ONLTB 19966 (CanLII) Rent Owing To February 28, 2023 $13,363.84 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 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 $13,549.84 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before March 31, 2023 Rent Owing To March 31, 2023 $14,709.80 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 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 $14,895.80 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $12,106.38 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 - $1,345.96 Less the amount of the interest on the last month's rent deposit - $8.67 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-035795-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $10,937.75 Plus daily compensation owing for each day of occupation starting $44.25 February 3, 2023 (per day) 2023 ONLTB 19966 (CanLII) Order Page: 5 of 5