LTB Order LTB-L-064545-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 38305 (CanLII) Citation: Y.Z. v K.M., 2023 ONLTB 38305 Date: 2023-05-24 File Number: LTB-L-064545-22 In the matter of: 683 KARLSFELD RD WATERLOO ON N2T2V3 Between: Y.Z. Landlord And K.M. Tenant Y.Z. (the 'Landlord') applied for an order to terminate the tenancy and evict K.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 10, 2023 at 09:00 am. The Landlord Representative Ling Xi 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 $2,300.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $75.62. This amount is calculated as follows: $2,300.00 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 May 31, 2023 are $23,000.00. 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-064545-22 8. The Landlord collected a rent deposit of $2,300.00 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 $44.58 is owing to the Tenant for the period from August 1, 2022 to May 10, 2023. 2023 ONLTB 38305 (CanLII) 10. 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 July 15, 2023 pursuant to subsection 83(1)(b) of the Act. 11. Specifically, at the hearing the Tenant didn’t dispute the amount owing and testified that they had already signed a N11 agreement with the Landlord to terminate the Tenancy effective July 31, 2023. They then proposed a payment plan that would see them paying al all the arrears, in addition to any future rent, on or before July 21, 2023. The basis for this plan was the recent signing of a contract for their cleaning company. 12. In response, the Landlord Representative called into question the validity of this plan, submitting the Tenant hadn’t paid any rent for close to 15 months. They also confirmed that the Landlord and Tenant did have an agreement to terminate the Tenancy effective July 31, 2023, however, it was the Landlord’s wish to terminate the tenancy earlier for nonpayment of rent and submitted that to impose a payment plan, extending the tenancy would prejudice the Landlord. 13. Although I acknowledge the Landlord’s position, I am satisfied on the balance of probabilities that the Tenant genuinely wants to pay down the arrears and as such to delay eviction until July 15, 2023 is warranted and would afford the Tenant the opportunity to pay do so prior to the termination of the tenancy. 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: • $23,186.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $25,486.00 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $27,786.00 if the payment is made on or before July 15, 2023. See Schedule 1 for the calculation of the amount owing. Order Page: 2 of 5  File Number: LTB-L-064545-22 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 July 15, 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 2023 ONLTB 38305 (CanLII) move out of the rental unit on or before July 15, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $19,297.62. 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 $75.62 per day for the use of the unit starting May 11, 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 4, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 5, 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 July 15, 2023, then starting July 16, 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 16, 2023. May 24, 2023 ____________________________ Date Issued Kelly Delaney 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 16, 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. Order Page: 3 of 5  File Number: LTB-L-064545-22 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 2023 ONLTB 38305 (CanLII) Rent Owing To May 31, 2023 $23,000.00 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 $23,186.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before June 30, 2023 Rent Owing To June 30, 2023 $25,300.00 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 $25,486.00 C. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before July 15, 2023 Rent Owing To July 31, 2023 $27,600.00 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 Order Page: 4 of 5  File Number: LTB-L-064545-22 Total the Tenant must pay to continue the tenancy $27,786.00 D. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $21,456.20 Application Filing Fee $186.00 NSF Charges $0.00 2023 ONLTB 38305 (CanLII) 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 - $2,300.00 Less the amount of the interest on the last month's rent deposit - $44.58 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 $19,297.62 Plus daily compensation owing for each day of occupation starting $75.62 May 11, 2023 (per day) Order Page: 5 of 5