LTB Order LTB-L-055061-22

2023 ONLTB 31758 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: S.F.Y.K.W. v M. Y., 2023 ONLTB 31758 Date: 2023-05-18 File Number: LTB-L-055061-22 In the matter of: 916, 7 LORRAINE DR NORTH YORK ON M2N7H2 Between: S.F.Y.K.W. Landlord A. M.Y.A.N.M. Tenant S.F.Y.K.W. (the 'Landlord') applied for an order to terminate the tenancy A. evict M.Y.A.N.M. (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, Landlord’s representative Ivan Hoi-kay Fong, the Tenant, A. the Tenant’s representative Naseer Ahmed attended 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 $2,500.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $82.19. This amount is calculated as follows: $2,500.00 x 12, divided by 365 days. 5. The Tenant has paid $5,000.00 to the Landlord since the application was filed. Order Page: 1 of 5  File Number: LTB-L-055061-22 6. The rent arrears owing to April 30, 2023 are $35,000.00. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord was informed that pursuant to subsection 207(1) of the Residential 2023 ONLTB 31758 (CanLII) Tenancies Act, 2006 (the ’Act’) the monetary jurisdiction of the Board is $35,000.00. 9. The Landlord collected a rent deposit of $2,500.00 from the Tenant 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. 10. Interest on the rent deposit, in the amount of $132.43 is owing to the Tenant for the period from July 9, 2019 to April 11, 2023. 11. The parties initially disagreed over the outstanding rent arrears. The Landlord stated that the total arrears, up to April 30, 2023, was $35,000.00 A. that the Tenant has paid $5,000.00 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 Landlord, the Tenant acknowledged making four payments of $1,250.00 between December 2022 A. March 2023. The Tenant explained that paying rent has been a challenge due to financial difficulties caused by being a single father to a four-year-old son A. only starting work as a self-employed chef in September 2022. In order to address the arrears, the Tenant is requesting a 52-month payment plan of $625.00 per month A. has committed to paying additional amounts whenever possible. 13. The Landlord expressed doubt about the Tenant's ability to pay rent arrears because it is significant A. believes that the Tenant's proposed monthly payment plan is impractically long A. 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'), including the impact of COVID-19 on the parties A. whether the Landlord attempted to negotiate a repayment agreement with the Tenant A. 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 A. avoid eviction. It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated unless the Tenant voids this order. Order Page: 2 of 5  File Number: LTB-L-055061-22 2. The Tenant may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $37,686.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 31758 (CanLII) OR • $40,186.00 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 $30,957.66. 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 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 $82.19 per day for the use of the unit starting April 12, 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 May 29, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 30, 2023 at 6.00% 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 18, 2023 ____________________________ Date Issued Percy Laryea Member, Landlord A. Tenant Board Order Page: 3 of 5  File Number: LTB-L-055061-22 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 31758 (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 A. continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $42,500.00 Application Filing F. $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $5,000.00 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 $37,686.00 Total the Tenant must pay to continue the tenancy **$35,186.00** B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before June 30, 2023 Rent Owing To June 30, 2023 $45,000.00 Application Filing F. $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $5,000.00 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 Order Page: 4 of 5  File Number: LTB-L-055061-22 Total the Tenant must pay to continue the tenancy $40,186.00 Total the Tenant must pay to continue the tenancy $35,186.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $38,404.09 2023 ONLTB 31758 (CanLII) Application Filing F. $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $5,000.00 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 - $2,500.00 Less the amount of the interest on the last month's rent deposit - $132.43 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 $30,957.66 Plus daily compensation owing for each day of occupation starting $82.19 April 12, 2023 (per day) Order Page: 5 of 5