LTB Order LTB-L-062530-22

2023 ONLTB 39211 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: G.S.D. v G.S., 2023 ONLTB 39211 Date: 2023-05-26 File Number: LTB-L-062530-22 In the matter of: BASEMENT, 9 MEDALIST RD BRAMPTON ON L6P4H3 Between: G.S.D. Landlord And G.S. Tenant G.S.D. (the 'Landlord') applied for an order to terminate the tenancy and evict G.S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 27, 2023. The Landlord, their Representative Muhammad Arshad Khan, 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 $1,700.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $55.89. This amount is calculated as follows: $1,700.00 x 12, divided by 365 days. 5. The Tenant has paid $6,800.00 to the Landlord since the application was filed. 6. The rent arrears owing to April 30, 2023 are $10,200.00. Order Page: 1 of 6  File Number: LTB-L-062530-22 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 2023 ONLTB 39211 (CanLII) Serious Breach 9. The Tenant submits that pursuant to section 83(3)(a) of the Residential Tenancies Act, 2006 I must deny the eviction as the Landlord is in serious breach of his responsibilities under the Act. The Tenant testified that the rental unit has inconsistent heat, no working stove, no washer and dryer, and no smoke detectors. 10. For the reasons that follow I am not satisfied that the Landlord is in serious breach of the Act. That does not mean that the issues raised by the Tenant could not constitute breaches of the Act or that they are unimportant. However, section 83(3)(a) is only reserved for breaches that are serious such to require denial of the eviction. 11. The Tenant’s testimony regarding the heat in the rental unit was inconsistent. At times he described it as being on but not sufficient, at other times as on occasionally, and then as not on at all. 12. The Tenant testified that he previously thought the Landlord’s daughter in law Judy was the Landlord and he complained to her about the heat. However, the Tenant learned a few months ago that G.S.D. is the Landlord, but he has made no complaints to him about the heat. Stephanie S. who is an occupant of the rental unit testified that she asked Mr. D. sometime in either December or January 2023 if he was going to turn the heat back on. 13. The Tenant has not complained to any government authority or agency about the heat. 14. The Landlord testified that he lives above the Tenants in the main floor unit. The Landlord testified that the heat in the house is central, and he cannot cut off just the heat to the basement. The Landlord testified that the heat is on in the house. 15. The Tenant also testified that the stove in the rental unit does not work and that he must use a portable element to cook. The Tenant was unable to state when the stove stopped working. The Tenant has only complained to Judy about this issue, not the Landlord. 16. The Landlord testified that he has received no complaints from the Tenant about any of the serious breaches they allege. 17. Section 83(3)(a) of the Act states the Board shall refuse to grant the application where satisfied that the landlord is in serious breach of the landlord’s responsibilities under this Act. 18. I am not satisfied that the Landlord is in serious of breach of the Act for the following reasons. First, the Tenant had no concrete evidence about when he complained to the Landlord or his daughter in law about any of the alleged problems. The Tenant mentioned Order Page: 2 of 6  File Number: LTB-L-062530-22 the heat issue to the Landlord’s daughter in law who he previously thought to be the Landlord, but even after learning who the correct Landlord is, the Tenant has not raised the issue with the Landlord. Additionally, none of the Tenant’s or Ms. S.’s notifications to the Landlord or his daughter in law were in writing. The Tenant was also unable to say 2023 ONLTB 39211 (CanLII) when exactly the issues started. These factors demonstrate that the Tenant does not consider the problems to be serious breaches. 19. I found the Landlord to be credible that the rental property has central heating and that if he had cut off the heat it would affect his unit as well. Additionally, based on the testimony of the Tenant it sounds like there is some heat in the rental unit, but the Tenant finds it to be insufficient at times and inconsistent. I also note that we are moving into the summer months and the lack of heat in the summer is not a currently ongoing serious breach of the Act. Payment Plan 20. The Tenant requested relief from eviction in the form of a repayment plan. The Tenant testified that he could pay $100.00 a month towards the arrears. The Landlord is opposed to a repayment plan. 21. I do not think it would be fair in the circumstances to impose a repayment plan as it would take the Tenant over eight years to pay off the arrears based on their proposed repayment schedule. That is not a reasonable amount of time for the Landlord to be without full payment. Postponement of the Eviction 22. The Tenant lives in the rental unit with his 13-year-old daughter and his sister Stephanie S.. The Tenant testified that losing his job is why he fell behind on rent. The Tenant testified that he has looked for new living accommodations, but the rental market prices are unaffordable to him. 23. The Landlord is opposed to any postponement of the eviction. 24. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the maintenance issues raised by the Tenant, the Landlord’s attempts to reach a repayment plan, and the difficulties the Tenant has faced in finding a new place to live, and find that it would not be unfair to postpone the eviction until June 18, 2023 pursuant to subsection 83(1)(b) of the Act. However, I have declined to postpone the eviction any further than June 18, 2023 because the outstanding arrears are extremely high and the Landlord has been waiting for repayment for some time. Order Page: 3 of 6  File Number: LTB-L-062530-22 It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2023 ONLTB 39211 (CanLII) 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $12,086.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $13,786.00 if the payment is made on or before June 18, 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 18, 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 18, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $10,195.03. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $55.89 per day for the use of the unit starting April 28, 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 6, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 7, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before June 18, 2023, then starting June 19, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. 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 19, 2023. May 26, 2023 Date Issued Amanda Kovats Member, Landlord and Tenant Board Order Page: 4 of 6  File Number: LTB-L-062530-22 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 39211 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on December 19, 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: 5 of 6  File Number: LTB-L-062530-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if 2023 ONLTB 39211 (CanLII) the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $18,700.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $6,800.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Total the Tenant must pay to continue the tenancy $12,086.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before June 18, 2023 Rent Owing To June 30, 2023 $20,400.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $6,800.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Total the Tenant must pay to continue the tenancy $13,786.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $16,809.03 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $6,800.00 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 - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Total amount owing to the Landlord $10,195.03 Plus daily compensation owing for each day of occupation starting $55.89 April 28, 2023 (per day) Order Page: 6 of 6