LTB Order LTB-L-053585-22

Order under Section 69 2023 ONLTB 60150 (CanLII) Residential Tenancies Act, 2006 Citation: S.B.O.U. v W., 2023 ONLTB 60150 Date: 2023-08-30 File Number: LTB-L-053585-22 In the matter of: 908, 750 MORNINGSIDE AVE SCARBOROUGH ON M1C3A1 Between: S.B.O.U. Landlord A. D.W.A.C.E. Tenants S.B.O.U. (the 'Landlord') applied for an order to terminate the tenancy A. evict D.W.A.C.E. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on April 11, 2023. The Landlord’s representative Christine Daniel A. the Tenant attended the hearing. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). The Tenants 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 Tenants were still in possession of the rental unit. 3. The lawful rent is $1,212.78. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $39.87. This amount is calculated as follows: $1,212.78 x 12, divided by 365 days. 5. The Tenants have paid $8,400.78 to the Landlord since the application was filed. 6. The rent arrears owing to April 30, 2023 are $18,016.47. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. Order Page 1 of 3  8. The Landlord collected a rent deposit of $1,134.46 from the Tenants A. 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. 2023 ONLTB 60150 (CanLII) File Number: LTB-L-053585-22 9. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would not be unfair to grant relief from eviction subject to the conditions set out in this order pursuant to subsection 83(1)(a) A. 204(1) of the Act. 10. In considering all the disclosed circumstances, I find the Tenants proposed payment plan to be appropriate A. the Tenants have provided a viable way to pay the full arrears over a 34-month period. This is based on the hardships the Tenants have suffered due to the Covid-19 pandemic, how one Tenant has recently returned to work, the cost of the Tenants current monthly rent A. the hardships the Tenants A. their children would face if they were to be evicted. The Tenants have also shown good faith by paying the lawful monthly since the application was filed. The Tenants proposed payment plan will provide the Tenants a final opportunity to preserve her tenancy but will minimize the further accrual of the arrears of rent. As the date of the hearing, the Tenants have paid $8,400.78 since the application was filed. It is ordered that: 1. The Tenants shall pay to the Landlord $18,202.47 for arrears of rent up to April 30, 2023 A. costs. 2. The Tenants shall pay to the Landlord the amount set out in paragraph 1 in accordance with the following schedule: Date Payment Due Amount of Payment September 22, 2023 $550.00 (costs A. arrears) October 22, 2023 $550.00 (arrears) To May 22, 2026 June 22, 2026 $52.47 (arrears) Order Page 2 of 3  3. The Tenants shall also pay to the Landlord new rent on time A. in full as it comes due A. owing for the period October 1, 2023 to June 1, 2026, or until the arrears are paid in full, whichever date is earliest. 4. The Tenants shall also have paid all lawful monthly that has come due since the hearing date consisting of the following months; May 2023, June 2023, July 2023, August 2023 A. 2023 ONLTB 60150 (CanLII) September 2023. Due to the late issuance of this Order, the Tenants shall ensure the aforementioned months of lawful rent totalling $6,063.90 is paid by September 15, 2023. File Number: LTB-L-053585-22 5. If the Tenants fails to make any one of the payments in accordance with this order, the outstanding balance of any arrears of rent A. costs to be paid by the Tenants to the Landlord pursuant to paragraph 1 of this order shall become immediately due A. owing A. the Landlord may, without notice to the Tenants, apply to the LTB within 30 days of the Tenants breach pursuant to section 78 of the Act for an order terminating the tenancy A. evicting the Tenants A. requiring that the Tenants pay any new arrears, NSF fees A. related charges that became owing after August 31,2023. August 30, 2023 ____________________________ Date Issued André-Paul Baillargeon-Smith Member, Landlord A. 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. Order Page 3 of 3