LTB Order LTB-L-050659-22

2023 ONLTB 29137 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: G. v B., 2023 ONLTB 29137 Date: 2023-05-31 File Number: LTB-L-050659-22 In the matter of: 34, 12 POPLAR CRES AURORA ON L4G3L3 Between: M.G. Landlord And M.B. Tenant M.G. (the 'Landlord') applied for an order to terminate the tenancy and evict M.B. (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, Landlord’s representative Michael Pilieci, and the Tenant attended the hearing. Preliminary Issue: 1. The Tenant requested an adjournment as he requires a Persian translator due to his lack of fluency in English. As I expressed orally at the hearing, the Tenant's English proficiency was satisfactory for him to participate in the proceedings. Determinations: 2. 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. 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent is $2,800.00. It is due on the 1st day of each month. Order Page: 1 of 5  File Number: LTB-L-050659-22 5. Based on the Monthly rent, the daily rent/compensation is $92.05. This amount is calculated as follows: $2,800.00 x 12, divided by 365 days. 6. The Tenant has paid $1,500.00 to the Landlord since the application was filed. 7. The rent arrears owing to March 31, 2023 are $22,450.00. 2023 ONLTB 29137 (CanLII) 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $2,800.00 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. 10. Interest on the rent deposit, in the amount of $51.97 is owing to the Tenant for the period from June 30, 2022 to March 27, 2023. 11. The parties initially disagreed over the outstanding rent arrears. The Landlord stated that the total arrears, up to March 31, 2023, was $24,136.00 and that the Tenant has not made any payments to the Landlord since the application was filed. As the applicant in this proceeding, the Landlord provided an L1/L9 update sheet to the Board as evidence of the current state of accounts in this tenancy. 12. After reviewing the evidence presented by the Tenant, the parties acknowledged that the Tenant made a payment of $1500.00 making four payments of $1,500.00 between January 2023 and March 2023. The Tenant explained that paying rent has been a challenge due to financial difficulties caused by being father to four children and currently receives Ontario Works benefits only as he is waiting for his work permit from Immigration Canada. In order to address the arrears, the Tenant is requesting a long-term payment plan and will pay additional amounts whenever possible. 13. The Landlord expressed doubt about the Tenant's ability to pay rent arrears because it is significant and believes that the Tenant's payment plan request is impractically long and may lead to more financial difficulties. As a result, the Landlord is seeking a standard eviction order. 14. 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 June 30, 2023 pursuant to subsection 83(1)(b) of the Act. 15. On balance, postponing the eviction until June 30, 2023, under subsection 83(1)(b), is fair as it allows the Tenant to settle the arrears and avoid eviction. 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-050659-22 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $28,236.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 29137 (CanLII) OR • $31,036.00 if the payment is made on or before June 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 June 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 June 30, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $19,469.38. 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 $92.05 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 June 11, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 12, 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 June 30, 2023, then starting July 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 July 1, 2023. May 31, 2023 ____________________________ Date Issued Percy Laryea Member, Landlord and Tenant Board Order Page: 3 of 5  File Number: LTB-L-050659-22 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 29137 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on January 1, 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. *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 and continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $29,550.00 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 $28,236.00 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 $32,350.00 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 $31,036.00 Order Page: 4 of 5  File Number: LTB-L-050659-22 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $23,635.35 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 29137 (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 - $2,800.00 Less the amount of the interest on the last month's rent deposit - $51.97 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 $19,469.38 Plus daily compensation owing for each day of occupation starting $92.05 March 28, 2023 (per day) Order Page: 5 of 5