LTB Order LTB-L-057647-22

2023 ONLTB 34465 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: COAL HARBOUR PROPERTIES LIMITED PARTNERSHIP v Jason Asante, 2023 ONLTB 34465 Date: 2023-05-04 File Number: LTB-L-057647-22 In the matter of: 1304, 350 QUEENS QUAY W TORONTO ON M5V3A7 Between: COAL HARBOUR PROPERTIES LIMITED Landlord PARTNERSHIP And Tenant Jason Asante COAL HARBOUR PROPERTIES LIMITED PARTNERSHIP (the 'Landlord') applied for an order to terminate the tenancy and evict Jason Asante (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 24, 2023. The Landlord’s legal representative, Cathy Corsetti, and the Tenant attended the hearing. The Tenant spoke with Tenant Duty Counsel on the hearing day. 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 as of October 1, 2022 is $2,284.08. It is due on the 1st day of each month. Order Page: 1 of 5  File Number: LTB-L-057647-22 4. Based on the Monthly rent, the daily rent/compensation is $75.09. This amount is calculated as follows: $2,284.08 x 12, divided by 365 days. 5. The Tenant has paid $6,771.00 to the Landlord since the application was filed. 6. The parties agree that the rent arrears owing to April 30, 2023 are $11,447.48. 2023 ONLTB 34465 (CanLII) 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 $2,257.00 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. 9. Interest on the rent deposit, in the amount of $99.74 is owing to the Tenant for the period from January 10, 2021 to April 24, 2023. 10. The Tenant proposed that they enter into a payment plan with the Landlord to pay the rent plus $800.00 per month until the arrears are paid in full. Although the Tenant has not yet applied for funds through the Rent Bank, the Tenant proposed that they apply and that would potentially reduce the arrears by an additional $4,000.00 if they could get approved. 11. The Tenant testified that they lost their job due to Covid and that they recently secured employment as a sales representative for home services and upgrades. This job started on or about April 1, 2023. The Tenant expects their gross income before taxes to be approximately $4,000.00 per month. The Tenant further provided information about their monthly expenses of approximately $910.00. 12. The Tenant further indicated that they could ask friends for support in paying the rent and the arrears. 13. The Landlord was opposed to the payment proposal on the basis that the amount the Tenant would have available after taxes and expenses would not be enough to even cover the monthly rent. Also, because in November of 2022 the Landlord had provided the Tenant with information about the Rent Bank and available resources to apply to in order to pay the Landlord the arrears and the Tenant had not accessed those resources and now proposes that they will apply. 14. The Tenant then indicated that they have savings of $3,000.00 and would be willing to put this amount towards the arrears as a lump sum payment. 15. Based on the submissions of both parties, I do not find a payment plan appropriate under the circumstances. Although the Tenant has secured employment, the fact that they have not even attempted to apply for support through the Rent Bank and propose to rely on friends to support their rent payments and arrears, I do not find this to be a viable plan. The Tenant could not establish that they have the resources to make the monthly rent payments, let alone funding to support the $800.00 per month to pay back the arrears. The rent arrears have almost tripled since the Landlord filed their application. 16. An oral decision was rendered at the hearing. Order Page: 2 of 5  File Number: LTB-L-057647-22 17. 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 31, 2023 pursuant to subsection 83(1)(b) of ____________________________ the Act. Terri van Huisstede Member, Landlord and Tenant Board 2023 ONLTB 34465 (CanLII) 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: • $13,944.64 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 $8,821.90. 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 $75.09 per day for the use of the unit starting April 25, 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 15, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 16, 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. May 4, 2023 Order Page: 3 of 5  File Number: LTB-L-057647-22 Date Issued 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 34465 (CanLII) 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 May 31, 2023 Rent Owing To May 31, 2023 $20,529.64 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $6,771.00 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 $13,944.64 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $17,763.64 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $6,771.00 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 - $2,257.00 Less the amount of the interest on the last month's rent deposit - $99.74 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-057647-22 Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $8,821.90 Plus daily compensation owing for each day of occupation starting $75.09 April 25, 2023 (per day) 2023 ONLTB 34465 (CanLII) Order Page: 5 of 5