LTB Order LTB-L-054970-23

2023 ONLTB 69185 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Li v N., 2023 ONLTB 69185 Date: 2023-10-20 File Number: LTB-L-054970-23 In the matter of: 818, 85 WOOD ST TORONTO ON M4Y0E8 Between: G.L.A.J.H.Y. L. A. S. N. Tenant G.L.A.J.H.Y. (the 'L.') applied for an order to terminate the tenancy A. evict S. N. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on September 25, 2023. The L. A. the Tenant attended the hearing. Determinations: Preliminary: Tenant Requested Adjournment 1. The Tenant requested an adjournment to have her T2 A. T6 applications heard with the L.’s L1 application. Analysis A. Finding 2. The Board’s Practice Direction on adjournments states: Adjournment to Hear Applications Together Order Page 1 of 6  File Number: LTB-L-054970-23 If the respondent asks for adjournment for this reason at the beginning of the hearing this request will generally only be granted if the respondent's application will affect the outcome of the application being considered. 3. In my view the Tenant’s T2 A. T6 applications are not required to be heard with the 2023 ONLTB 69185 (CanLII) L.’s L1 application. While there may be offsets of remedy granted to the Tenant in her applications, any decision made by the member at the Tenant’s hearing can be applied after the L1 application decision in this order. 4. The fact that the Tenant owes arrears to the L. is independent from any remedy the Tenant may be awarded at the hearing for the T2 A. T6 application. 5. Further the Tenant received the notice of hearing for the L.’s L1 application more than two months prior to the hearing date. While I acknowledge the Tenant has the ability to make her request to adjourn to hear the applications together, the Tenant had more than sufficient time to make this request in advance of the hearing. 6. I further considered the prejudice to the L. in adjourning the hearing as the arrears on the day of the hearing are substantial, A. I considered the potential for the arrears to continue to grow on a delay for a new hearing date. 7. Given all the above A. in order to provide the most fair A. expeditious method of resolution to the application before the Board I am denying the Tenant her request to adjourn. Tenant Claims Illegal Rent Increase 8. The Tenant claims the L. illegally increased the rent. 9. The L. submitted to the Board as evidence a copy of the N2 notice she served the Tenant with regards to the rent increase. 10. The N2 notice submitted was served to the Tenant more than 90 days from the increase. 11. The Tenant later testified she received a copy of the N2 notice. 12. With the evidence before me, A. given the Tenant is not in dispute the L. served the Tenant with the N2 notice I find the Tenant’s claim for illegal rent increase is dismissed. Order Page 2 of 6  File Number: LTB-L-054970-23 L.’s Application 13. The L. 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 69185 (CanLII) was filed. 14. As of the hearing date, the Tenant was still in possession of the rental unit. 15. The lawful rent is $3,000.00. It is due on the 1st day of each month. 16. Based on the Monthly rent, the daily rent/compensation is $98.63. This amount is calculated as follows: $3,000.00 x 12, divided by 365 days. 17. The Tenant has paid $1,500.00 to the L. since the application was filed. 18. The rent arrears owing to September 30, 2023 are $11,900.00. 19. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 20. The L. collected a rent deposit of $3,000.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 21. Interest on the rent deposit, in the amount of $80.14 is owing to the Tenant for the period from September 1, 2022 to September 25, 2023. L.’s Evidence 22. The position of the L. is that the Tenant has paid little towards the arrears or kept up with lawful rent since the application was filed with the Board. The arrears are increasing substantially every month. 23. The L. testified the Tenant advised her in the summer she would move out in August 2023. 24. The L. testified the Tenant informed her by text, she was moving out on September 30, 2023. 25. The Tenant did not vacate the rental unit in August A. as of the day of the hearing the Tenant is still in possession of the rental unit. Order Page 3 of 6  File Number: LTB-L-054970-23 Tenant Evidence 26. The position of the Tenant is that she does not dispute she texted the L. A. told her 2023 ONLTB 69185 (CanLII) she was vacating the rental unit on September 30, 2023. The Tenant is not employed A. has no source of income A. therefore the Tenant is unable to offer a repayment plan for the Board’s consideration. 27. The Tenant testified she was in a car accident two years ago A. is on medication, however the Tenant did not submit any documentary evidence to support her testimony. 28. The Tenant lives alone in the rental unit A. requested a delay of eviction to November 1, 2023. Section 83: Relief From Eviction 29. 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., including submissions from the Tenant that she lives alone A. has not source of income in order for the Board to consider a repayment plan A. preserve the tenancy. I considered the impact to the L. on a long delay of eviction A. the quantum of arrears on the day of the hearing A. the fact the Tenant is unable to pay her lawful rent going forward A. the potential for the arrears to increase substantially. 30. Given all the above I find it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act A. I am granting the L. her request for eviction. 31. I have considered all of the evidence presented at the hearing A. all of the oral testimony A. although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 32. This order contains all reasons for the determinations A. order made. No further reasons will be issued. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: Order Page 4 of 6  File Number: LTB-L-054970-23 • $15,086.00 if the payment is made on or before October 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 October 31, 2023 but before the Court Enforcement Office (Sheriff) 2023 ONLTB 69185 (CanLII) 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 31, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the L. $8,471.61. 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 L. 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 L. compensation of $98.63 per day for the use of the unit starting September 26, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the L. the full amount owing on or before October 31, 2023, the Tenant will start to owe interest. This will be simple interest calculated from November 1, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before October 31, 2023, then starting November 1, 2023, the L. 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 L. on or after November 1, 2023. October 20, 2023 ____________________________ Date Issued Greg Brocanier Member, L. 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. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on May 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. Order Page 5 of 6  File Number: LTB-L-054970-23 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if 2023 ONLTB 69185 (CanLII) the payment is made on or before October 31, 2023 Rent Owing To October 31, 2023 $16,400.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. 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 $15,086.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $12,865.75 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 of the last month's rent deposit - $3,000.00 Less the amount of the interest on the last month's rent deposit - $80.14 Less the amount the L. 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 L. $8,471.61 Plus daily compensation owing for each day of occupation starting $98.63 September 26, 2023 (per day) Order Page 6 of 6