LTB Order LTB-L-055499-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: A.P. v D. R., 2023 ONLTB 32967 2023 ONLTB 32967 (CanLII) Date: 2023-04-28 File Number: LTB-L-055499-22 In the matter of: 5 SPARROW AVE CAMBRIDGE ON N1T0E5 Between: A.P. Landlord A. D.R.A.E.D. Tenant Konwahsenaneka Wilson A.P. (the 'Landlord') applied for an order to terminate the tenancy A. evict D.R.A.E.D. Konwahsenaneka Wilson (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 12, 2023. The Landlord's Legal Representative Diane Digiandomenico A. the 1st named Tenant 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 $2,700.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $88.77. This amount is calculated as follows: $2,700.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to April 30, 2023 are $29,700.00. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,700.00 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. Order Page: 1 of 5  File Number: LTB-L-055499-22 9. Interest on the rent deposit, in the amount of $64.17 is owing to the Tenant for the period from May 1, 2022 to April 12, 2023. 10. The Tenant did not dispute they owe the Landlord the rent arrears of $29,886.00. 11. The Landlord submitted she had proof the Tenant had charged other occupants to live at 2023 ONLTB 32967 (CanLII) the rental unit at $900.00 per month. Ms. Digiandomecio also stated the Landlord occurred costs to replace the locks at the rental unit, as they had been changed. She wished the Board to consider the Landlord is the single income in her household. 12. The Tenant stated that he is contractor A. the company that he was contracted from went bankrupt A. he was unable to collect unemployment insurance. He has 4 children a 2- year-old, 2–7-year-olds, A. a 9-year-old. Currently, he is not working A. has been off work for approximately 10 months. He stated that his partner is cleaning houses for people she knows for cash. 13. I asked both parties on submissions on eviction. The Landlord submitted they wished the Board to consider a standard 11-day eviction. The Tenant requested the Board delaying eviction between 2-3 months. 14. When I examine the factors on eviction, did the Tenant act in good faith effort in paying down the arrears. The Tenant has not made any payments since the filing of the application A. the arrears are now over $29,000. This is prejudicial to the Landlord, as the arrears are close to the Board’s maximum amount of $35,000. Also, the Tenant did not propose any payment plan for the Board nor the Landlords consideration. Secondly, the Tenant has 4 children all of young age A. all under 10 years old. I feel that given the children’s age A. being during the school year, a delay on eviction will be granted. 15. 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 postpone the eviction until May 31, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 1. The tenancy between the Landlord 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 Landlord or to the LTB in trust:  $29,886.00 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR  $32,586.00 if the payment is made on or before May 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 May 31, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. Order Page: 2 of 5  File Number: LTB-L-055499-22 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 May 31, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $25,507.07. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing 2023 ONLTB 32967 (CanLII) the application A. unpaid NSF charges. 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 $88.77 per day for the use of the unit starting April 13, 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 9, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 10, 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 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. 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 June 1, 2023. April 28, 2023 Date Issued Anthony Bruno 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. 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. Order Page: 3 of 5  File Number: LTB-L-055499-22 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 April 30, 2023 2023 ONLTB 32967 (CanLII) Rent Owing To April 30, 2023 $29,700.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 $29,886.00 B. 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 $32,400.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 $32,586.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $28,065.24 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 - $2,700.00 Less the amount of the interest on the last month's rent deposit - $64.17 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 $25,487.07 Order Page: 4 of 5  File Number: LTB-L-055499-22 Plus daily compensation owing for each day of occupation starting $88.77 April 13, 2023 (per day) 2023 ONLTB 32967 (CanLII) Order Page: 5 of 5