LTB Order LTB-L-073320-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 45846 (CanLII) Citation: Northstar Property Management Inc v K.P., 2023 ONLTB 45846 Date: 2023-06-23 File Number: LTB-L-073320-22 In the matter of: 539 MCNABB ST SAULT STE. MARIE ON P6B1Z5 Between: Northstar Property Management Inc. Landlord And K.P. Tenant Northstar Property Management Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict K.P. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 11, 2023. The Landlord’s agent Greta Wilson 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 $2,000.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $65.75. This amount is calculated as follows: $2,000.00 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 $14,000.00. Order Page: 1 of 5  File Number: LTB-L-073320-22 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 $2,000.00 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. 2023 ONLTB 45846 (CanLII) Section 83 9. Section 83 requires that I consider all the circumstances, including the Tenant’s and the Landlord’s situations to determine if it would be appropriate to grant section 83 relief from eviction. 10. There are substantial arrears owing and the Landlord has reached out to the Tenant to negotiate a repayment plan, without success. There has been no rent paid over a period of several months, and at the hearing, the Landlord’s agent indicated the Landlord has suffered financial hardship as a result. 11. The Tenant did not serve or file any section 82 claims in advance of the hearing. At the hearing, the Tenant raised serious maintenance issues, including a toilet malfunction and insufficient heat/hot water in the rental unit. The Landlord denied the Tenant’s maintenance allegations, noting a plumber has attended at the unit to address the plumbing issues and indicated the furnace is functioning, which the Tenant refused to use because of the cost. The Landlord indicated the rental unit has hot water and that the Tenant has not previously raised this maintenance concern in the past. Although not a requirement in proving such allegations, there was no independent verification evidence tendered in support of the Tenant’s maintenance allegations. I find there is insufficient evidence before me to determine the Landlord is in serious breach of their obligations under the lease agreement or the Act. 12. The Tenant advised that she does not want to stay at the rental unit, and is currently only staying at the rental unit infrequently with her pets. The Tenant seeks additional time to find alternative accommodations, noting she has suffered a recent job loss. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (RTA), including the Tenant’s submissions and whether the Landlord attempted to negotiate a repayment agreement with the Tenant, and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 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: Order Page: 2 of 5  File Number: LTB-L-073320-22 • $16,186.00 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $18,186.00 if the payment is made on or before July 15, 2023. See Schedule 1 for 2023 ONLTB 45846 (CanLII) 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 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 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 $10,881.27. 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 $65.75 per day for the use of the unit starting May 12, 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 July 15, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 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 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. June 23, 2023 ____________________________ Date Issued Peter Nicholson Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 Order Page: 3 of 5  File Number: LTB-L-073320-22 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. 2023 ONLTB 45846 (CanLII) 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 June 30, 2023 Rent Owing To June 30, 2023 $16,000.00 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 $16,186.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before July 15, 2023 Rent Owing To July 31, 2023 $18,000.00 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 $18,186.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $12,723.28 Order Page: 4 of 5  File Number: LTB-L-073320-22 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 application - $0.00 2023 ONLTB 45846 (CanLII) was filed Less the amount of the last month's rent deposit - $2,000.00 Less the amount of the interest on the last month's rent deposit - $28.01 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 $10,881.27 Plus daily compensation owing for each day of occupation starting $65.75 (per day) Order Page: 5 of 5