LTB Order LTB-L-047882-22

2023 ONLTB 29111 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: ELDEBRON HOLDINGS LIMITED v T., 2023 ONLTB 29111 Date: 2023-04-17 File Number: LTB-L-047882-22 In the matter of: 201, 515 CHAPLIN CRES TORONTO ON M5N2N1 Between: ELDEBRON HOLDINGS LIMITED Landlord A. S.T.A.S.T. Tenant ELDEBRON HOLDINGS LIMITED (the 'Landlord') applied for an order to terminate the tenancy A. evict S.T.A.S.T. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 27, 2023. The Landlord representative Michelle Forrester A. the Tenant S. T. 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 $2,152.50. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $70.77. This amount is calculated as follows: $2,152.50 x 12, divided by 365 days. 5. The Tenant has paid $1,500.00 to the Landlord since the application was filed. Order Page: 1 of 5  File Number: LTB-L-047882-22 6. The rent arrears owing to March 31, 2023 are $27,357.50. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,100.00 from the Tenant A. this deposit is still 2023 ONLTB 29111 (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 $17.89 is owing to the Tenant for the period from January 1, 2022 to March 27, 2023. 10. The Tenant did not dispute the rent arrears but submitted that her husband lost his job in October 2022 as an Outside Internet cable installer at Rogers Communications. The husband does not qualify for Unemployment benefits as his job is seasonal. The Tenant claims she has been off work on pregnancy leave since April 2020. The Tenant testified that she received $600.00 monthly in Child Tax benefits between April to August 2020, $1,280.00 monthly since September 2021, A. monthly social assistance benefits of $1,002.00. The Tenant testified that her husband resumed work full-time in April 2023 A. sought a payment plan to pay the Landlord $5,000.00 immediately A. $600 monthly towards the arrears. 11. The Landlord expressed doubt about the Tenant's ability to pay rent arrears because it is significant, A. she should have contacted him for any payment plans before the hearing. The Landlord rejects the Tenant's $500.00 monthly payment plan as it takes approximately thirty-six months to pay off the arrears. The Tenant asserts that the payment plan seems unrealistic A. may put the Tenant in further financial distress. The Landlord sought a standard eviction order. 12. 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 Tenant A. find that it would not be unfair to postpone the eviction until May 31, 2023 pursuant to subsection 83(1)(b) of the Act. 13. On balance, while sympathetic to the Tenant being eight months pregnant A. with two children of age sixteen years A. sixteen months, I find that postponing the eviction until May 31, 2023, pursuant to subsection 83(1)(b), is reasonable in this circumstances. Delaying the eviction to May 31, 2023, would give the Tenant time to void this order A. continue the tenancy by paying the Landlord the total amount owing within a shorter period, as requested by the Landlord. It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated unless the Tenant voids this order. Order Page: 2 of 5  File Number: LTB-L-047882-22 2. The Tenant may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $29,696.00 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 29111 (CanLII) OR • $31,848.50 if the payment is made on or before May 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 May 31, 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 May 31, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $25,183.90. 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 Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $70.77 per day for the use of the unit starting March 28, 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 April 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 29, 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 May 31, 2023, then starting June 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 June 1, 2023. April 17, 2023 ____________________________ Date Issued Percy Laryea Member, Landlord A. Tenant Board Order Page: 3 of 5  File Number: LTB-L-047882-22 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. 2023 ONLTB 29111 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on December 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 A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before April 30, 2023 Rent Owing To April 30, 2023 $31,010.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,500.00 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 $29,696.00 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $33,162.50 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,500.00 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 $31,848.50 Order Page: 4 of 5  File Number: LTB-L-047882-22 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $28,615.79 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,500.00 2023 ONLTB 29111 (CanLII) 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 - $2,100.00 Less the amount of the interest on the last month's rent deposit - $17.89 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 $25,183.90 Plus daily compensation owing for each day of occupation starting $70.77 March 28, 2023 (per day) Order Page: 5 of 5