LTB Order LTB-L-056053-22

2023 ONLTB 32192 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: K.T. v P.C., 2023 ONLTB 32192 Date: 2023-06-02 File Number: LTB-L-056053-22 In the matter of: 868 MODLIN RD PICKERING ON L1W1V7 Between: K.T. Landlord And P.C. Tenant K.T. (the 'Landlord') applied for an order to terminate the tenancy and evict P. C. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 13, 2023. The Landlord 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 $1,660.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $54.58. This amount is calculated as follows: $1,660.00 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 April 30, 2023 are $22,060.00. Order Page: 1 of 5  File Number: LTB-L-056053-22 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 $1,650.00 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 32192 (CanLII) 9. Interest on the rent deposit, in the amount of $59.12 is owing to the Tenant for the period from January 1, 2019 to April 13, 2023. Rent Arrears: 10. The Tenant acknowledged owing rent but explained that he was facing financial difficulties since losing their job as a building environmental system operator at Allied Properties in April 2021. The Tenant also stated he struggled with various health issues such as arthritis, joint pains, degenerative disc disease, hypertension, chronic obstructive pulmonary disease, diabetes, and sleep insomnia. These health issues made it challenging for him to perform tasks as expected. 11. The Tenant testified that he received an eighteen-month package of $3200.00 monthly from May 2021 to November 2022 and a $22,000.00 lump sum payment from Employment Insurance in February 2023. The Tenant testified that he would receive $883.00 monthly Canada Pension Plan benefits from April 30, 2023 and awaits the Ontario Disability Support Program application response. The Tenant claims to have difficulty paying the rent due to his monthly expenses of $2,000.00. Relief From Eviction 12. 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 find that it would not be unfair to postpone the eviction until June 30, 2023 pursuant to subsection 83(1)(b) of the Act. 13. The Tenant admitted that he could not afford to pay the arrears and conceded that the Landlord had been very supportive and understanding. The Tenant expressed a desire to move out but struggled to find a new place and requested a 60-day extension on the eviction order. 14. The Landlord is seeking a standard eviction due to financial losses caused by the Tenant's unpaid rent. The Landlord explained that he needed to pay off his line of credit, which he used to cover the arrears. The Landlord claims he has also been experiencing health issues such as high blood pressure and insomnia. 15. Overall, while considering the Tenant's circumstances, delaying the eviction until June 30, 2023, as per subsection 83(1)(b), would be reasonable because it gives the Tenant sufficient time to either find a new place or settle the rent arrears and void this order within Order Page: 2 of 5  File Number: LTB-L-056053-22 a period as preferred by the Landlord. Any eviction date after June 30, 2023, will be prejudicial to the Landlord. It is ordered that: 2023 ONLTB 32192 (CanLII) 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: • $25,566.00 if the payment is made on or before June 30, 2023. See Schedule 1 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 June 30, 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 June 30, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $19,586.42. 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 $54.58 per day for the use of the unit starting April 14, 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 13, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 14, 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 June 30, 2023, then starting July 1, 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 1, 2023. Order Page: 3 of 5  File Number: LTB-L-056053-22 2023 ONLTB 32192 (CanLII) June 2, 2023 ___________________________ Date Issued Percy Laryea 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 1, 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 4 of 5  File Number: LTB-L-056053-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if 2023 ONLTB 32192 (CanLII) the payment is made on or before June 30, 2023 Rent Owing To June 30, 2023 $25,380.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the -$ 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 $25,566.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $21,109.54 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the -$ 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 - $1,650.00 Less the amount of the interest on the last month's rent deposit - $59.12 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 $19,586.42 Plus daily compensation owing for each day of occupation starting $54.58 April 14, 2023 (per day) Order Page: 5 of 5