LTB Order LTB-L-066932-22

2023 ONLTB 41020 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Y. K. v J. L., 2023 ONLTB 41020 Date: 2023-06-05 File Number: LTB-L-066932-22 In the matter of: 112 FAIRLANE AVE BARRIE ON L9J0M9 Between: D.K.A.Y.K. L. A. J. L. A. K. P. Tenants D.K.A.Y.K. (the 'L.') applied for an order to terminate the tenancy A. evict J. L. A. K. P. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on May 11, 2023. The L. Y. K., their Representative Evgeny Aptekar, A. the Tenant J. L. attended the hearing. Determinations: 1. The L. served the Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). The Tenants 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 J. L. (‘J.L’) was still in possession of the rental unit. 3. The lawful rent is $2,800.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $92.05. This amount is calculated as follows: $2,800.00 x 12, divided by 365 days. Order Page: 1 of 5  File Number: LTB-L-066932-22 5. The Tenants have not made any payments since the application was filed. 6. The L. submits that the rent arrears to May 31, 2023 at $21,000.00. 7. The Tenant J. L. (‘J.L’) disagrees with that amount but agrees he has made no payments since November 2022. The Tenant states that there are several maintenance 2023 ONLTB 41020 (CanLII) issues including that the yard is still under construction A. there has been flooding in the basement. The Tenant also testified that the L. has reported his arrears to a credit reporting agent. The Tenant did not file any list of tenant issues in accordance with section 82 A. as such I cannot award a rent abatement subject to that section. 8. The rent arrears owing to May 31, 2023 are $21,000.00. 9. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 10. The L. submits that they are still holding a $2,800.00 rent deposit. The Tenant J.L submits that he paid three months rent when he moved in. This matches the L.’s evidence that the first month of the tenancy in August 2022 was paid, September 2022 was paid, A. the last month’s deposit is still being held. As such I find that the only remaining portion of the deposit is $2,800.00. 11. The L. collected a rent deposit of $2,800.00 from the Tenants A. this deposit is still being held by the L.. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 12. Interest on the rent deposit, in the amount of $38.75 is owing to the Tenants for the period from August 6, 2022 to May 11, 2023. 13. The Tenant J.L requests relief from eviction in the form of a repayment plan. The Tenant testified that he could pay $3,500.00 towards the arrears. The Tenant testified that he owns a small company A. has an influx of cash at the moment. The Tenant testified that the reason he has not been paying rent is because the L. A. him could not come to an agreement about an appropriate repayment plan A. the L. would not remove the note from his credit. 14. The L. is opposed to a repayment plan. 15. I do not think it would be fair in the circumstances to impose a repayment plan as I am not satisfied that the Tenants would abide by it. The Tenants have made no payments in 7 months. The Tenant J.L’s explanation that the reason for the lack of payments is because the parties had not yet agreed to a repayment plan is not reasonable. That the parties had not yet agreed to repayment of arrears does not relieve the Tenants from their obligation to pay new rent that comes due. Additionally, according to the Tenant J.L’s own evidence at the time of the hearing he had a large amount of money, yet he has chosen not to pay any of the outstanding arrears. As such, I am not satisfied that the Tenant will abide by a repayment plan in the future. Order Page: 2 of 5  File Number: LTB-L-066932-22 16. The Tenant J.L requests a delated eviction until July 31, 2023. The Tenant testified that he runs a small business A. moving will be extremely difficult at the moment. 17. The L. is opposed to any delay. 18. I have considered all of the disclosed circumstances in accordance with subsection 83(2) 2023 ONLTB 41020 (CanLII) of the Residential Tenancies Act, 2006 (the 'Act'), including J.L’s maintenance concerns A. that the L. has attempted to negotiate a repayment agreement, A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. I have also considered that the Tenant J.L testified that he could afford $3,500.00 biweekly towards the arrears. As such I am not satisfied that the Tenant J.L requires a delayed eviction in order to acquire the funds to find new living accommodations. While the act itself of moving will cause inconvenience, I must also consider that the L. has been without any payment of rent for 7 months. It is ordered that: 1. The tenancy between the L. A. the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $23,986.00 if the payment is made on or before June 16, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants has paid the full amount owing as ordered plus any additional rent that became due after June 16, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before June 16, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the L. $16,559.80. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. interest the L. owes on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the L. compensation of $92.05 per day for the use of the unit starting May 12, 2023 until the date the Tenants moves out of the unit. 7. If the Tenants do not pay the L. the full amount owing on or before June 16, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 17, 2023 at 6.00% annually on the balance outstanding. Order Page: 3 of 5  File Number: LTB-L-066932-22 8. If the unit is not vacated on or before June 16, 2023, then starting June 17, 2023, the L. 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 L. on or after June 17, 2023. 2023 ONLTB 41020 (CanLII) June 5, 2023 ____________________________ Date Issued Amanda Kovats Member, L. A. Tenants 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 17, 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. Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order A. continue the tenancy if the payment is made on or before June 16, 2023 Rent Owing To June 30, 2023 $23,800.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Total the Tenants must pay to continue the tenancy $23,986.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $19,212.55 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,800.00 Order Page: 4 of 5  File Number: LTB-L-066932-22 Less the amount of the interest on the last month's rent deposit - $38.75 Total amount owing to the L. $16,559.80 Plus daily compensation owing for each day of occupation starting $92.05 May 12, 2023 (per day) 2023 ONLTB 41020 (CanLII) Order Page: 5 of 5