LTB Order LTB-L-039926-23

2023 ONLTB 68318 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Oxford Properties Group v R., 2023 ONLTB 68318 Date: 2023-10-18 File Number: LTB-L-039926-23 In the matter of: 711, 1780 EGLINTON AVE E Toronto ON M4A2T2 Between: Oxford Properties Group Landlord And J.R. Tenant Oxford Properties Group (the 'Landlord') applied for an order to terminate the tenancy and evict J.R. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on September 28, 2023. The Landlord’s legal representative Faith McGregor and the Tenant attended the hearing. Determinations: 1. 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. 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $1,598.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $52.54. This amount is calculated as follows: $1,598.00 x 12, divided by 365 days. 5. The Tenant has paid $1,600.00 to the Landlord since the application was filed. 6. The rent arrears owing to September 30, 2023 are $7,982.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page 1 of 6  File Number: LTB-L-039926-23 8. The Landlord collected a rent deposit of $1,598.00 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. 9. Interest on the rent deposit, in the amount of $29.66 is owing to the Tenant for the period from January 1, 2023 to September 28, 2023. 2023 ONLTB 68318 (CanLII) 10. The Tenant submitted that he is a first-time renter and that he resides in the unit with his girlfriend. While he was able to keep up with his rent payments in the past, he lost what he described as a great job a couple of months ago due to lack of transportation after his car broke down. He subsequently found a job that paid him in cash however the employer did not pay him as agreed and he left that position. 11. Current day, the Tenant is self-employed in a cleaning capacity earning variable amounts per month, he was not able to provide an estimated figure. He and his girlfriend are also availing of Ontario Works benefits and using their assistance to find new jobs. 12. He submits that he has saved $2,500.00 which could be allocated towards rental arrears, the monthly household expenses total $1,873.00. The Tenant is eager to find new employment, he says he has experience in construction, and if he is successful in finding a similar job he will earn $25.00 per hour working 40 hours per week. He is seeking 60 to 90 day delay from eviction. 13. The Landlord is seeking a standard order noting that based on the review of the Tenant’s financial situation a payment plan would not be feasible. Alternatively, the Landlord is open to the issuance of an order with a 30 day extension. Relief from eviction 14. 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 November 18, 2023 pursuant to subsection 83(1)(b) of the Act. 15. Having considered all the disclosed circumstances of both parties, I find that a standard eviction order (11 days from the order issuance date) would not be fair and not give enough time to the Tenant. The Landlord was willing to postpone eviction by 30 days. While the Tenant sought 60 to 90 days, this would create further prejudice to the Landlord. In arriving at my determination, I have considered that the Tenant is accepting of his responsibility to the Landlord and if not for having experienced some life setbacks, he would continue to meet his payment of rent obligations to the Landlord. I also take into consideration the submission of the current rental market conditions and the Tenant’s budgetary constraints. The extension of time may allow the Tenant to void the eviction order or alternatively offer an extension of time to secure new housing. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. Order Page 2 of 6  File Number: LTB-L-039926-23 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $9,766.00 if the payment is made on or before October 31, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 68318 (CanLII) OR • $11,364.00 if the payment is made on or before November 18, 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 November 18, 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 November 18, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $6,413.46. 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 $52.54 per day for the use of the unit starting September 29, 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 October 29, 2023, the Tenant will start to owe interest. This will be simple interest calculated from October 30, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 18, 2023, then starting November 19, 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 November 19, 2023. October 18, 2023 ____________________________ Date Issued Alicia Johnson 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. Order Page 3 of 6  File Number: LTB-L-039926-23 In accordance with section 81 of the Act, the part of this order relating to the eviction expires on May 19, 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. 2023 ONLTB 68318 (CanLII) Order Page 4 of 6  File Number: LTB-L-039926-23 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 October 31, 2023 2023 ONLTB 68318 (CanLII) Rent Owing To October 31, 2023 $11,180.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,600.00 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 $9,766.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before November 18, 2023 Rent Owing To November 30, 2023 $12,778.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,600.00 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 $11,364.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $9,455.12 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,600.00 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 - $1,598.00 Order Page 5 of 6  File Number: LTB-L-039926-23 Less the amount of the interest on the last month's rent deposit - $29.66 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 2023 ONLTB 68318 (CanLII) Total amount owing to the Landlord $6,413.46 Plus daily compensation owing for each day of occupation starting $52.54 September 29, 2023 (per day) Order Page 6 of 6