LTB Order LTB-L-056358-22

2023 ONLTB 32554 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: CAPREIT 2 LIMITED PARTNERSHIP v L.K., 2023 ONLTB 32554 Date: 2023-04-27 File Number: LTB-L-056358-22 In the matter of: 1415, 2020 SHEPPARD AVE W TORONTO ON M3N1A3 Between: CAPREIT 2 LIMITED PARTNERSHIP Landlord And L.K. Tenant CAPREIT 2 LIMITED PARTNERSHIP (the 'Landlord') applied for an order to terminate the tenancy and evict L.K. (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 Legal Representative Geoff Paine 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 $1,264.60. It is due on the first day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $41.58. This amount is calculated as follows: $1,264.60 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The Tenant agreed that the rent arrears owing to April 30, 2023 are $12,262.23 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 5  File Number: LTB-L-056358-22 8. The Landlord collected a rent deposit of $1,264.60 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. 9. The Tenant testified regarding his financial situation. It was evident that the Tenant could not afford the current lawful rent or make payments towards arrears to repay them in a 2023 ONLTB 32554 (CanLII) timely manner. 10. The Tenant testified that his financial challenges arose as a result of providing financial and other supports to his father that is recovering from serious medical conditions. His father now resides with him as the rental unit is ideally suited to meeting his medical recovery needs. 11. The Tenant was also advised to reach out to a local social service agency or rent bank to see if they could assist with repaying all of the arrears that would allow the Tenant a chance to save the Tenancy. He had not done so before the hearing. 12. In all the circumstances, I am satisfied that it would be fair to delay eviction to afford the Tenant time to work with a social services agency and the Landlord to repay arrears and failing which concurrently to find suitable alternative accommodations. 13. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until May 8, 2023 pursuant to subsection 83(1)(b) of the Act. 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: • $12,356.70 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $13,712.83 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. 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 $10,368.04. 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 Order Page: 2 of 5  File Number: LTB-L-056358-22 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 $41.58 per day for the use of the unit starting April 14, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 32554 (CanLII) 7. If the Tenant does not pay the Landlord the full amount owing on or before May 8, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 9, 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 27, 2023 ____________________________ Date Issued Robert Patchett Vice Chair, 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 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. *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 and continue the tenancy if the payment is made on or before April 30, 2023 Rent Owing To April 30, 2023 $12,262.23 Application Filing Fee $186.00 NSF Charges $0.00 Order Page: 3 of 5  File Number: LTB-L-056358-22 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 2023 ONLTB 32554 (CanLII) 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 $12,448.23 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $13,526.83 Application Filing Fee $186.00 NSF Charges $0.00 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 $13,712.83 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,446.64 Application Filing Fee $186.00 NSF Charges $0.00 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 - $1,264.60 Less the amount of the interest on the last month's rent deposit - $0.00 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 $10,368.04 Order Page: 4 of 5  File Number: LTB-L-056358-22 Plus daily compensation owing for each day of occupation starting $41.58 April 14, 2023 (per day) 2023 ONLTB 32554 (CanLII) Order Page: 5 of 5