LTB Order LTB-L-052777-22

2023 ONLTB 33393 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Park Property Management Inc. v G.H., 2023 ONLTB 33393 Date: 2023-04-27 File Number: LTB-L-052777-22 In the matter of: 635-20 Carlton Street Toronto, ON M5B 2H5 Between: Park Property Management Inc. Landlord And G.H. Tenant Park Property Management Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict G.H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 11, 2023. The Landlord’s Legal Representative Anita Sada and the Tenant attended the hearing. The Tenant met with Tenant Duty Counsel prior to 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 $1,555.96. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $51.15. This amount is calculated as follows: $1,555.96 x 12, divided by 365 days. 5. The Tenant has paid $3,111.92 to the Landlord since the application was filed. Order Page: 1 of 4  File Number: LTB-L-052777-22 6. The rent arrears owing to April 30, 2023 are $10,570.13. 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 $1,518.02 from the Tenant and this deposit is still 2023 ONLTB 33393 (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 $7.28 is owing to the Tenant for the period from February 1, 2023 to April 11, 2023. Section 83 Considerations 10. The Tenant testified that he acknowledged the arrears and offered a payment plan whereby he would be willing to pay the regular rent on time and in full on the 1 st of each month and would pay an additional $600.00 on the 15 th of each month, starting May 15, 2023, until October 15, 2024. 11. The Tenant also testified that an investment may come through within the next month that would allow him to repay the arrears in their entirety. 12. The Tenant testified that he is a self-employed IT subcontractor who retains jobs through an online portal. The Tenant testified that he had no work through the COVID-19 pandemic and as such, fell behind on his rent. The Tenant testified that he has been in the unit since 2005. 13. The Landlord’s Legal Representative rejected the Tenant’s proposed payment plan on the basis that the Tenant’s employment does not seem secure enough to support his proposed payment plan, and the fact that the Tenant has only made two payments since the application was filed on September 15, 2022. 14. On the basis of the evidence of provided by both parties, I agree with the Landlord’s Legal Representative with respect to the Tenant’s proposed payment plan. While the Tenant may have lost work due to COVID-19, there was no real explanation given by the Tenant as to why no regular payments have been made towards the rent since the application. 15. The Tenant’s payment plan is rejected however, the termination date of this order will be extended until the end of May to allow the Tenant to either repay the arrears in full or to find a new unit. 16. 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 May 31, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 17. 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-052777-22 18. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: 1. $10,756.13 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 33393 (CanLII) OR 2. $12,312.09 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. 19. 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. 20. 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. 21. If the Tenant does not void the order, the Tenant shall pay to the Landlord $8,237.52. 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. 22. The Tenant shall also pay the Landlord compensation of $51.15 per day for the use of the unit starting April 12, 2023 until the date the Tenant moves out of the unit. 23. If the Tenant does not pay the Landlord the full amount owing on or before May 8, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 9, 2023 at 6.00% annually on the balance outstanding. 24. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 25. 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. 26. 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 27, 2023 ____________________________ Date Issued Jagger Benham Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 Order Page: 3 of 4  File Number: LTB-L-052777-22 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 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. 2023 ONLTB 33393 (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 April 30, 2023 Rent Owing To April 30, 2023 $13,682.05 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $3,111.92 application was filed Total the Tenant must pay to continue the tenancy $10,756.13 B. 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 $15,238.01 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $3,111.92 application was filed Total the Tenant must pay to continue the tenancy $12,312.09 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $12,688.74 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $3,111.92 application was filed Less the amount of the last month's rent deposit - $1,518.02 Less the amount of the interest on the last month's rent deposit - $7.28 Total amount owing to the Landlord $8,237.52 Plus daily compensation owing for each day of occupation starting $51.15 April 12, 2023 (per day) Order Page: 4 of 4