LTB Order LTB-L-049501-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: S.C. v R., 2023 ONLTB 63365 2023 ONLTB 63365 (CanLII) Date: 2023-09-25 File Number: LTB-L-049501-22 In the matter of: 1, 165 PARK ROW S HAMILTON ON L8K2K1 Between: S.C. Landlord And J.R. Tenant S.C. (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 12, 2023. The Landlord and the Tenant attended the hearing. Determinations: s.82 issues 1. At the hearing, the Tenant indicated that she intended to raise her own issues under section 82 of the Residential Tenancies Act, 2006 (the ‘Act’). The Tenant testified that the Landlord failed to address maintenance issues in her unit. 2. Pursuant to section 82 of the Act, a tenant is permitted to raise any issue that could be the subject of a tenant application. 3. Rule 19.4 of the LTB’s Rules of Procedure states that a tenant who intends to raise issues under section 82 during a hearing for a landlord’s application about rent arrears shall disclose those issues to the other parties and file them with the LTB at least seven days prior to the hearing. 4. In this case, the Tenant did not disclose her issues or file them in advance of the hearing. The Tenant did not provide a reasonable explanation as to why she did not comply with the advance disclosure requirement. 5. As such, I did not hear the Tenant’s evidence regarding her section 82 issues. However, it should be noted that this order does not in itself preclude the Tenant from bringing her own application regarding these maintenance issues. Order Page 1 of 5  File Number: LTB-L-049501-22 Arrears owing 6. 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 2023 ONLTB 63365 (CanLII) was filed. 7. As of the hearing date, the Tenant was still in possession of the rental unit. 8. The lawful rent is $899.95. It is due on the 1st day of each month. 9. Based on the Monthly rent, the daily rent/compensation is $29.59. This amount is calculated as follows: $899.95 x 12, divided by 365 days. 10. The Tenant has not made any payments since the application was filed. 11. The rent arrears owing to September 30, 2023 are $17,967.55. 12. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 13. The Landlord collected a rent deposit of $850.00 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. 14. Interest on the rent deposit, in the amount of $64.40 is owing to the Tenant for the period from October 1, 2018 to September 12, 2023. Section 83 considerations 15. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Act, including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant} and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 16. The Tenant testified that she has been living in the unit since 2018. The Tenant testified that she receives $1,200.00 in monthly disability payments. At the hearing the Tenant gave testimony about her financial situation and based on that testimony, the Tenant’s monthly expenses far outweigh her income. 17. The Tenant did not submit a proposal to pay the arrears. 18. Based on the evidence before me, I find that this is not a viable tenancy. The Tenant cannot afford to pay the arrears, which exceed $18,000.00, let alone the monthly rent. It would be prejudicial to the Landlord to grant relief from eviction given the Tenant’s inability to pay the arrears and ongoing rent. 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 5  File Number: LTB-L-049501-22 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust:  $18,153.55 if the payment is made on or before September 30, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 63365 (CanLII) OR  $19,053.50 if the payment is made on or before October 6, 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 October 6, 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 October 6, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $16,694.28. 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 $29.59 per day for the use of the unit starting September 13, 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 6, 2023, the Tenant will start to owe interest. This will be simple interest calculated from October 7, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before October 6, 2023, then starting October 7, 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 7, 2023. September 25, 2023 Date Issued Teresa Hunt 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 April 7, 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. Order Page 3 of 5  File Number: LTB-L-049501-22 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 September 30, 2023 2023 ONLTB 63365 (CanLII) Rent Owing To September 30, 2023 $17,967.55 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 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 $18,153.55 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before October 6, 2023 Rent Owing To October 31, 2023 $18,867.50 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 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 $19,053.50 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $17,422.68 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 - $850.00 Less the amount of the interest on the last month's rent deposit - $64.40 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page 4 of 5  File Number: LTB-L-049501-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $16,694.28 Plus daily compensation owing for each day of occupation starting $29.59 September 13, 2023 (per day) 2023 ONLTB 63365 (CanLII) Order Page 5 of 5