LTB Order LTB-L-055750-22

2023 ONLTB 32188 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Anna Moore Group Inc v Y.Z., 2023 ONLTB 32188 Date: 2023-06-02 File Number: LTB-L-055750-22 In the matter of: 203, 112 ST JOSEPH'S DR HAMILTON ON L8N2E7 Between: Anna Moore Group Inc Landlord And Y.Z. Tenant Anna Moore Group Inc (the 'Landlord') applied for an order to terminate the tenancy and evict Yi Z. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 13, 2023. The Landlord’s agent Tiffany McGowan and the 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 $1,650.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $54.25. This amount is calculated as follows: $1,650.00 x 12, divided by 365 days. 5. The Tenant has paid $8,900.00 to the Landlord since the application was filed. 6. The rent arrears owing to April 30, 2023 are $15,850.00. Order Page: 1 of 4  File Number: LTB-L-055750-22 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 $1,650.00 from the Tenant and 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 32188 (CanLII) 9. Interest on the rent deposit, in the amount of $38.33 is owing to the Tenant for the period from November 1, 2021 to April 13, 2023. 10. The Tenant did not dispute the arrears but submitted that she had difficulty paying her rent since losing her job on February 10, 2023, working as a server cocoa milk store in downtown Hamilton. 11. The Tenant claims that she is an international student and resides in the unit with her boyfriend, who was unemployed from April 2022 to January 2023. The Tenant claims her boyfriend started working again in February 2023, and Tenant seeks a $500.00 monthly payment plan as she can only afford to pay this amount after paying all her monthly expenses. 12. The Landlord expressed doubt about the Tenant's ability to pay rent arrears because it is significant and rejected the Tenant's payment plan because it would take longer to pay. The Landlord feels that a monthly payment plan may not be feasible and could worsen the Tenant's financial situation. As a result, the Landlord sought a standard eviction order. 13. 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 and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would not be unfair to postpone the eviction until June 30, 2023 pursuant to subsection 83(1)(b) of the Act. 14. On balance, postponing the eviction until June 30, 2023, pursuant to subsection 83(1)(b), would give the Tenant time to void this order and continue the tenancy by paying the Landlord the total amount owing within a shorter period as requested by the Landlord. Any eviction date after June 30, 2023, will be prejudicial to the Landlord. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $19,336.00 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 Order Page: 2 of 4  File Number: LTB-L-055750-22 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 2023 ONLTB 32188 (CanLII) 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $13,402.92. 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. 6. The Tenant shall also pay the Landlord compensation of $54.25 per day for the use of the unit starting April 14, 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 June 13, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 14, 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. June 2, 2023 ____________________________ Date Issued Percy Laryea Member, Landlord and 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 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 Order Page: 3 of 4  File Number: LTB-L-055750-22 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 June 30, 2023 Rent Owing To June 30, 2023 $28,050.00 2023 ONLTB 32188 (CanLII) Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $8,900.00 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 $19,336.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $23,805.25 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $8,900.00 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 - $1,650.00 Less the amount of the interest on the last month's rent deposit - $38.33 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 $13,402.92 Plus daily compensation owing for each day of occupation starting $54.25 April 14, 2023 (per day) Order Page: 4 of 4