LTB Order LTB-L-039956-22

2023 ONLTB 24024 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: C. v G., 2023 ONLTB 24024 Date: 2023-03-08 File Number: LTB-L-039956-22 In the matter of: BSMT, 44 Oakworth Cr Toronto ON M1K3T8 Between: S.C. Landlord And M.H.G. Tenant S.C. (the 'Landlord') applied for an order to terminate the tenancy and evict M.H.G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 16, 2023. The Landlord's Legal Representative Vartan Manoukian, the Landlord 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 $1,000.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $32.88. This amount is calculated as follows: $1,000.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. Order Page: 1 of 4  File Number: LTB-L-039956-22 6. The rent arrears owing to February 28, 2023 are $15,500.00. 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 $1,000.00 from the Tenant and this deposit is still 2023 ONLTB 24024 (CanLII) 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 $23.92 is owing to the Tenant for the period from August 27, 2021 to February 16, 2023. 10. The Landlord testified the arrears were $15,686.00, inclusive of the rent arrears and costs in filing the application. During the Tenants testimony, they admitted they owned the Landlord that amount. 11. The Board asked both parties for submissions on eviction. The Landlord requested the Board consider the standard 11-day eviction. The Tenant requested the Board to consider a 2-month delay on eviction. He stated he wishes to remain in the rental unit as long as possible until he receives his passport and intends to leave the Country. 12. When I weight the prejudice, the Landlord has rent arrears over $15,000.00, the Tenant has not acted in good faith in paying down the rent arrears. His comment about wanting to remain in the rental unit until he receives his passport, appears that there is no intention by the Tenant to ever pay these arrears, in fact he admitted he is leaving the country once he receives his passport. This is prejudicial to the Landlord; the Tenant has not demonstrated any exceptional circumstances to consider a 2-month delay. 13. 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. 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: • $16,686.00 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. Order Page: 2 of 4  File Number: LTB-L-039956-22 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 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $14,188.16. 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 2023 ONLTB 24024 (CanLII) 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 $32.88 per day for the use of the unit starting February 17, 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 19, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 20, 2023 at 5.00% 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 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. 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 April 1, 2023. March 8, 2023 ____________________________ Date Issued Anthony Bruno 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Schedule 1 SUMMARY OF CALCULATIONS Order Page: 3 of 4  File Number: LTB-L-039956-22 A. 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 $16,500.00 Application Filing Fee $186.00 NSF Charges $0.00 2023 ONLTB 24024 (CanLII) 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 $16,686.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $15,026.08 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 - $1,000.00 Less the amount of the interest on the last month's rent deposit - $23.92 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 $14,188.16 Plus daily compensation owing for each day of occupation starting $32.88 February 17, 2023 (per day) Order Page: 4 of 4