LTB Order LTB-L-079397-22

2023 ONLTB 49188 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: M. v K., 2023 ONLTB 49188 Date: 2023-07-06 File Number: LTB-L-079397-22 In the matter of: BASEMENT ROOM 2, 92 SEWELL DR OAKVILLE ON L6H1C5 Between: V.V.K.M. Landlord And V.K. Tenant V.V.K.M. (the 'Landlord') applied for an order to terminate the tenancy and evict V.K. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 25, 2023. The Landlord, the Landlord’s legal representative, B. Lue Sang, 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 $900.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $29.59. This amount is calculated as follows: $900.00 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 $8,100.00. Order Page 1 of 5  File Number: LTB-L-079397-22 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 $900.00 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 49188 (CanLII) 9. The Tenant admits that he has not paid any rent since the application was filed. He said that he did not pay rent because of a “personal situation”. He said that he is a dialysis patient, and he has not worked for a few years. The Tenant said his income is ODSP of $1,600.00 per month. 10. The Tenant said that he will contact health and housing, and he will be able to pay the rent in full plus $300.00 per month towards the arrears going forward. He said that he would like to remain in the rental unit because he is unable to find alternative accommodation for his budget. 11. The Landlord requests a standard termination order. He submits that nothing has changed in the Tenant’s income, but he has chosen not to pay the rent. The Landlord submits that the Tenant never contacted the Landlord to discuss the arrears or ask for a payment plan, and there is no evidence to support the Tenant being able to meet his proposed payment plan. 12. I find that the Tenant has not provided evidence of any change in circumstances in the last six months to explain why he has not paid any rent at all. On the basis of his reported monthly income, the Tenant should have been able to pay some rent. He has provided no documentary evidence to support his proposed payment plan going forward. 13. 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 and whether the Landlord attempted to negotiate a repayment agreement with the Tenant, and I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. In particular, the Tenant has made no good faith payments towards the rent for at least six months, and the arrears are now substantial. The Tenant has never attempted to discuss a payment plan with the Landlord, and it is prejudicial to the Landlord for the tenancy to continue with the arrears increasing each month. However, as the Tenant is on a very limited budget, and has a number of health concerns, I find that it is not unfair to provide him a few extra weeks to find somewhere else to live, pursuant to subsection 83(1)(b) 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-079397-22 • $10,086.00 if the payment is made on or before July 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $10,986.00 if the payment is made on or before August 15, 2023. See Schedule 1 2023 ONLTB 49188 (CanLII) 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 August 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 August 15, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $7,198.07. 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 $29.59 per day for the use of the unit starting May 26, 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 August 15, 2023, the Tenant will start to owe interest. This will be simple interest calculated from August 16, 2023 at 6.00% annually on the balance outstanding. 8. If the unit is not vacated on or before August 15, 2023, then starting August 16, 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 August 16, 2023. July 6, 2023 ____________________________ Date Issued Nancy Morris 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. Order Page 3 of 5  File Number: LTB-L-079397-22 In accordance with section 81 of the Act, the part of this order relating to the eviction expires on February 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. Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 49188 (CanLII) A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before July 31, 2023 Rent Owing To July 31, 2023 $9,900.00 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 $10,086.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before August 15, 2023 Rent Owing To August 31, 2023 $10,800.00 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 $10,986.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $7,939.75 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 Order Page 4 of 5  File Number: LTB-L-079397-22 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 - $900.00 Less the amount of the interest on the last month's rent deposit - $27.68 Less the amount the Landlord owes the Tenant for an - $0.00 2023 ONLTB 49188 (CanLII) {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $7,198.07 Plus daily compensation owing for each day of occupation starting $29.59 May 26, 2023 (per day) Order Page 5 of 5