LTB Order LTB-L-042568-22

2023 ONLTB 26223 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Capreit Limited Partnership v M., 2023 ONLTB 26223 Date: 2023-03-16 File Number: LTB-L-042568-22 In the matter of: 108, 148 ISLINGTON AVE ETOBICOKE ON M8V3B6 Between: Capreit Limited Partnership Landlord And S.J.M. Tenant Capreit Limited Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict S.J.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 28, 2023. The Tenant attended the hearing. The Landlord was represented at the hearing by Geoff Paine. 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 $1,716.72. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $56.44. This amount is calculated as follows: $1,716.72 x 12, divided by 365 days. 5. The Tenant has paid $6,345.00 to the Landlord since the application was filed. 6. The rent arrears owing to February 28, 2023, are $7,371.76. Order Page: 1 of 4  File Number: LTB-L-042568-22 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 $1,674.86 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. 2023 ONLTB 26223 (CanLII) 9. Interest on the rent deposit, in the amount of $16.04 is owing to the Tenant for the period from January 1, 2022, to February 28, 2023. Section 83 Considerations 10. The Tenant does dispute the amount of rent arrears. The issue before the Board is whether it is appropriate to grant relief from eviction pursuant to s.8 3 of the Residential Tenancies Act 2006, (the ‘Act’). 11. According to s. 83 of the Act when the Board hears an application for an order evicting a tenant, the Board must consider whether there are any circumstances that support granting relief from eviction. 12. The Tenant would like to stay in the unit and proposes to pay $300.00 a month toward the rent arrears. 13. When the Tenant was questioned about her finances by the Landlord’s representative it was revealed the Tenant had monthly expenses in excess of $1000.00 more than her monthly income. The Tenant plans to increase her monthly income by $500.00 monthly beginning March 01, 2023. 14. Even if that were to be the case the Tenant’s monthly income would still be lower than her monthly expenses. I do not find the Tenant is able to significantly reduce the rent arrears within a reasonable amount of time. Further the Tenant has not paid rent since January. 2022. 15. For these reasons, I do not find the circumstances in this case warrant denying eviction. 14. I have considered the fact the Tenant has applied for two government programs that may assist him with paying off the rent arrears. Accordingly, I find a short delay in eviction is warranted to see if any assistance may be available to the Tenant to pay off the arrears. 15. I have considered all the disclosed circumstances in accordance with subsection 83(2) of the Act and find that it would not be unfair to postpone the eviction until April 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. Order Page: 2 of 4  File Number: LTB-L-042568-22 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $9,274.48 if the payment is made on or before March 31, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 26223 (CanLII) OR • $10,991.20 if the payment is made on or before April 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 April 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 April 30, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $5,866.86. 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 $56.44 per day for the use of the unit starting March 1, 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 27, 2023, the Tenant will start to owe interest. This will be simple interest calculated 8. If the unit is not vacated on or before April 30, 2023, then starting May 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 May 1, 2023. March 16, 2023 ____________________________ Date Issued Bryan Delorenzi Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 Order Page: 3 of 4  File Number: LTB-L-042568-22 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 November 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. 2023 ONLTB 26223 (CanLII) 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 March 31, 2023 Rent Owing To March 31, 2023 $15,433.48 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $6,345.00 application was filed Total the Tenant must pay to continue the tenancy $9,274.48 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before April 30, 2023 Rent Owing To April 30, 2023 $17,150.20 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $6,345.00 application was filed Total the Tenant must pay to continue the tenancy $10,991.20 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $13,716.76 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $6,345.00 application was filed Less the amount of the last month's rent deposit - $1,674.86 Less the amount of the interest on the last month's rent deposit - $16.04 Total amount owing to the Landlord $5,866.86 Plus daily compensation owing for each day of occupation starting $56.44 March 1, 2023 (per day) Order Page: 4 of 4