LTB Order LTB-L-036635-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: M. v C., 2023 ONLTB 66741 2023 ONLTB 66741 (CanLII) Date: 2023-10-11 File Number: LTB-L-036635-23 In the matter of: 90 PAGE ST ST CATHARINES ON L2R4A9 Between: K.M. Landlord A. T.C.A.C.W. Tenants K.M. (the 'Landlord') applied for an order to terminate the tenancy A. evict T. C., C. W. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on September 27, 2023. The Landlord A. the Tenants attended the hearing. Determinations: 1. Frank Vipari is removed as a Tenant in this application as he was not in possession of the rental unit when the application was filed. 2. Based on the uncontested evidence before me, the Landlord served the Tenants a Notice to End Tenancy Early for Non-payment of Rent (N4 Notice) on April 12, 2023. The termination date in the N4 Notice was April 26, 2023. The Tenants 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. The Tenants stated that they got the N4 Notice on April 12, 2023 by express post. They also stated that at the same time they received a copy of the L1 application which was dated May 5, 2023. The Tenants stated that this should void the application. The Landlord denied serving a copy of the L1 application A. believed that the LTB would serve the application on the Tenants. 4. The L1 application was only filed with the LTB on May 5, 2023, if the Tenants received a copy prior to this date, this would not void this application. The LTB’s record indicates that a copy of the L1 application A. Notice of Hearing was sent via mail on July 12, 2023. 5. As of the hearing date, the Tenants were still in possession of the rental unit. 6. The lawful rent is $2,000.00. It is due on the 1st day of each month. Order Page 1 of 6  File Number: LTB-L-036635-23 7. Based on the Monthly rent, the daily rent/compensation is $65.75. This amount is calculated as follows: $2,000.00 x 12, divided by 365 days. 8. The Tenants have not made any payments since the application was filed. 2023 ONLTB 66741 (CanLII) Rent arrears 9. Based on the evidence before me, I find that the rent arrears owing to September 30, 2023 are $12,956.66. There was insufficient evidence before me to find that the Tenants’ roommate, Gloria, made rental payments to the Landlord via e-transfer or that ODSP has paid the Landlord direct for the months claimed. 10. The Tenants disputed the rent arrears claimed by the Landlord A. believed that the rent arrears were around $3,000.00. The Tenants stated that ODSP was paying the Landlord directly, however since there was only 2 of them the rent is over the maximum allowable. The Tenants stated that they asked the Landlord to draw up a new Lease when Frank didn’t move in after signing to add their new roommate “Gloria” as this will assist with getting ODSP to pay direct. 11. The Tenants did not provide any supporting evidence confirming that ODSP has paid their rent directly to the Landlord. The Tenants’ evidence was contradictory at times. The Tenants stated that they believed the rent owed was only $3,000.00 however confirmed that the last two months were not paid, which would amount to at least $4,000.00. The Tenants also stated that ODSP would not pay because the rent is over the maximum allowable for them. 12. The Tenants also stated that Gloria has paid rent directly to the Landlord via e-transfer. The Landlord denied receiving any rent payments via e-transfer from Gloria. Gloria did not testify at the hearing nor was there any supporting receipts that payments were made to the Landlord. 13. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 14. The Landlord collected a rent deposit of $2,000.00 from the Tenants A. 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. 15. Interest on the rent deposit, in the amount of $44.11 is owing to the Tenants for the period from November 10, 2022 to September 27, 2023. Relief from Eviction 16. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties A. whether the Landlord attempted to negotiate a repayment agreement with the Tenants A. find that it would not be unfair to postpone the eviction until December 31, 2023 pursuant to subsection 83(1)(b) of the Act. Order Page 2 of 6  File Number: LTB-L-036635-23 17. The Tenants requested a repayment plan of an additional $400.00 with the monthly rent to clear the rent arrears or 60 – 90 days to vacate the rental unit. They stated that they have been looking for a new unit but it is hard to find a place as rents are high. 18. The Landlord was opposed to a repayment plan as the Tenants have not made any 2023 ONLTB 66741 (CanLII) payments since the application was filed. The Landlord was prepared to extend the termination date to December 31, 2023 to allow the Tenants an opportunity to clear the arrears or vacate the unit. 19. The rent arrears currently outstanding are $12,956.66, which is a significant increase since the application was filed seeking rent arrears $4,956.66. The Tenants have not made any payments to the Landlord since the application was filed. Therefore, in these circumstances I find that ordering a repayment plan is not fair to the Landlord. The Landlord did not oppose the delay of the eviction until December 31, 2023 It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust:  $15,142.66 if the payment is made on or before October 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $17,142.66 if the payment is made on or before November 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $19,142.66 if the payment is made on or before December 31, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants have paid the full amount owing as ordered plus any additional rent that became due after December 31, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before December 31, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $10,873.80. 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 Landlord owes on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. Order Page 3 of 6  File Number: LTB-L-036635-23 6. The Tenants shall also pay the Landlord compensation of $65.75 per day for the use of the unit starting September 28, 2023 until the date the Tenants moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before October 22, 2023, the Tenants will start to owe interest. This will be simple interest calculated 2023 ONLTB 66741 (CanLII) from October 23, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before December 31, 2023, then starting January 1, 2024, 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 January 1, 2024. October 11, 2023 Date Issued Lisa Del Vecchio 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 July 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 6  File Number: LTB-L-036635-23 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before October 31, 2023 2023 ONLTB 66741 (CanLII) Rent Owing To October 31, 2023 $14,956.66 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $15,142.66 B. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before November 30, 2023 Rent Owing To November 30, 2023 $16,956.66 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $17,142.66 C. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before December 31, 2023 Rent Owing To December 31, 2023 $18,956.66 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Order Page 5 of 6  File Number: LTB-L-036635-23 Total the Tenants must pay to continue the tenancy $19,142.66 D. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $12,731.91 2023 ONLTB 66741 (CanLII) Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,000.00 Less the amount of the interest on the last month's rent deposit - $44.11 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $10,873.80 Plus daily compensation owing for each day of occupation starting $65.75 September 28, 2023 (per day) Order Page 6 of 6