LTB Order LTB-L-046516-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: T.C.H.C. v A., 2023 ONLTB 40513 2023 ONLTB 40513 (CanLII) Date: 2023-05-31 File Number: LTB-L-046516-22 In the matter of: 58, 24 DRIFTWOOD AVE NORTH YORK ON M3N2M2 Between: T.C.H.C. Landlord And S.Y.A. Tenant T.C.H.C. (the 'Landlord') applied for an order to terminate the tenancy and evict S.Y.A. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 14, 2023. The Tenant attended the hearing.The Landlord was represented at the hearing by Rahel Abera. 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 $572.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $18.81. This amount is calculated as follows: $572.00 x 12, divided by 365 days. 5. The Tenant has paid $1,605.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023, are $4,814.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. Relief from Eviction 9. The Tenants do 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 Order Page: 1 of 5  File Number: LTB-L-046516-22 Act 2006, (the ‘Act’). 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. 10. The Tenant works part time as a school bus driver. She is in school to become a Personal 2023 ONLTB 40513 (CanLII) Support Worker (PSW). She is graduating in June. The Tenant can pay $50.00 monthly toward the rent arrears. I do not find this plan to be viable as it would take ten years to pay off the arrears. 11. I do not find the circumstances in this case warrant denying eviction. However, I do find it appropriate to delay eviction. The Tenant is graduating in June. A delay in eviction will give the opportunity to secure employment in her field and find a place to live within her budget. 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 September 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. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust:  $6,144.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $6,716.00 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $7,288.00 if the payment is made on or before July 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $7,860.00 if the payment is made on or before August 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $8,432.00 if the payment is made on or before September 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 September 30, 2023, but before the Court Enforcement Office Order Page: 2 of 5  File Number: LTB-L-046516-22 (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 September 30, 2023 2023 ONLTB 40513 (CanLII) 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $4,691.34. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $18.81 per day for the use of the unit starting March 15, 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 June 11, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 12, 2023, at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before September 30, 2023, then starting October 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 October 1, 2023. May 31, 2023 Date Issued Bryan Delorenzi Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor T. 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 April 1, 2024 if the order has not been filed on or before this date with the Court Enforcement Order Page: 3 of 5  File Number: LTB-L-046516-22 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 May 31, 2023 2023 ONLTB 40513 (CanLII) Rent Owing To May 31, 2023 $7,563.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $1,605.00 application was filed Total the Tenant must pay to continue the tenancy $6,144.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before June 30, 2023 Rent Owing To June 30, 2023 $8,135.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $1,605.00 application was filed Total the Tenant must pay to continue the tenancy $6,716.00 C. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before July 31, 2023 Rent Owing To July 31, 2023 $8,707.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $1,605.00 application was filed Total the Tenant must pay to continue the tenancy $7,288.00 D. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before August 31, 2023 Rent Owing To August 31, 2023 $9,279.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $1,605.00 application was filed Total the Tenant must pay to continue the tenancy $7,860.00 Order Page: 4 of 5  File Number: LTB-L-046516-22 E. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before September 30, 2023 Rent Owing To September 30, 2023 $9,851.00 Application Filing Fee $186.00 2023 ONLTB 40513 (CanLII) Less the amount the Tenant paid to the Landlord since the - $1,605.00 application was filed Total the Tenant must pay to continue the tenancy $8,432.00 F. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $6,110.34 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $1,605.00 application was filed Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $4,691.34 Plus daily compensation owing for each day of occupation starting $18.81 March 15, 2023 (per day) Order Page: 5 of 5