LTB Order LTB-L-070552-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 50364 (CanLII) Citation: W. v H., 2023 ONLTB 50364 Date: 2023-07-17 File Number: LTB-L-070552-22 In the matter of: 1077 ROLAND ST S. ON P3A2C4 Between: H.W.A.E.T. L. A. R. H. A. S. H. Tenant H.W.A.E.T. (the 'L.') applied for an order to terminate the tenancy A. evict R. H. A. S. H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes A. because the Tenant has been persistently late in paying the Tenant's rent. This application was heard by videoconference on July 4, 2023. One of the L., H. W., the L.’ legal representative, Ashley Friel, A. the Tenant attended the hearing. Determinations: 1. At the beginning of the hearing the Tenant testified that he had only received the Notice of Hearing (the NOH) on June 30, 2023 A. that as such he required an adjournment to gather additional evidence. 2. Ashley Friel opposed the request, stating that the Tenant has been given adequate notice of the proceeding A. did not inform the L. of the adjournment request in advance of the hearing. 3. I note that the LTB file shows that the LTB mailed the NOH to the Tenant on June 20, 2023. In accordance with LTB Rules, the Tenant is deemed to have received the NOH on June 25, 2023. On my stating this to the Tenant he neither elaborated on his claim to have received the NOH five days after the deemed service date, nor elaborated on why he was unable to obtain his desired evidence in advance of the hearing. As such, A. on Order Page 1 of 3  File Number: LTB-L-070552-22 considering the significant admitted arrears A. the Tenant’s inability to preserve the status quo by paying the on-going rent were the request granted, I determined that there is an insufficient basis to grant the request. 2023 ONLTB 50364 (CanLII) 4. It is uncontested that the L. 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 theamount of rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. 5. It is uncontested that the L. served the Tenant with a valid Notice to End Tenancy Early for Persistent late payment of Rent (N8 Notice). 6. It is uncontested that as of the hearing date, the Tenant was still in possession of the rental unit. 7. It is uncontested that the lawful rent is $2,300.00 A. that it is due on the 1st day of each month. 8. It is uncontested that the Tenant has not made any payments since the April 2022 A. that the Tenant has persistently paid his rent late in accordance with pleadings in the N8 Notice. 9. It is uncontested that the rent arrears owing to July 31, 2023 are $36,800.00. 10. The L. waive the arrears of rent in excess of the LTB’s monetary jurisdiction of $35,000.00. 11. It is uncontested that the L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 12. It is uncontested that there is no last month's rent deposit. 13. 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. 14. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties A. whether the L. attempted to negotiate a repayment agreement with the Tenant A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. Specifically, the Tenant testified that he seeks two months’ delayed termination to gather the funds required for the first A. last month’s rent deposits for another rental unit though he is unable to preserve the L.’ financial status quo by paying the on-going rent to his requested delayed termination date. Ashley Friel opposed this request, testifying that, unfortunately, H. W. is in the last stages of terminal illness A. needs timely termination of the tenancy so as to avoid burdening his co- Landlord spouse with administering this matter after his passing. Order Page 2 of 3  File Number: LTB-L-070552-22 15. The Tenant has a very lengthy track record of not paying any rent to the L., which has resulted in arrears in excess the LTB’s monetary jurisdiction. As well, the Tenant does not have the ability to pay the on-going rent. These circumstances, combined with the 2023 ONLTB 50364 (CanLII) clear prejudice to the L. that would result from delayed termination, fatally militates against the Tenant’s request. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated effective July 28, 2023. The Tenant must move out of the rental unit on or before July 28, 2023. 2. If the unit is not vacated on or before July 28, 2023, then starting July 29, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. 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 July 29, 2023. 4. The Tenant shall pay the L. $35,000.00 for: 1) the arrears of rent to July 4, 2023 A.; 2) the fee the L. have paid to file the application. 5. If the Tenant does not pay the L. the full amount owing on or before July 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 29, 2023 at 6.00% annually on the balance outstanding. 6. The Tenant shall also pay the L. compensation of $75.62 per day for the use of the unit starting July 5, 2023 until the date the Tenant moves out of the unit. July 17, 2023 ____________________________ Date Issued Sean H. Vice Chair, Landlord A. 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 29, 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 3