Refusal for Certain Arrears of Rent (COVID-19)

Residential Tenancies Act, 2006, S.O. 2006, c. 17

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Power of Board, eviction

83 (1) Upon an application for an order evicting a tenant, the Board may, despite any other provision of this Act or the tenancy agreement,

(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or

(b) order that the enforcement of the eviction order be postponed for a period of time. 2006, c. 17, s. 83 (1).

Mandatory review

(2) If a hearing is held, the Board shall not grant the application unless it has reviewed the circumstances and considered whether or not it should exercise its powers under subsection (1). 2006, c. 17, s. 83 (2).

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Refusal for certain arrears of rent

(6) Without restricting the generality of subsections (1) and (2), if a hearing is held in respect of an application under section 69 for an order evicting a tenant based on arrears of rent arising in whole or in part during the period beginning on March 17, 2020 and ending on the prescribed date, in determining whether to exercise its powers under subsection (1) the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears. 2020, c. 16, Sched. 4, s. 17 (3).

Application of subs. (6)

(7) Subsection (6) applies with respect to any application described in that subsection that,

(a) is made on or after the day subsection 17 (3) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force; or

(b) was made before that day and was not finally determined before that day. 2020, c. 16, Sched. 4, s. 17 (3).

Same

(8) For greater certainty, subsection (6) applies whether or not a date has been prescribed for the purposes of that subsection. 2020, c. 16, Sched. 4, s. 17 (3).

Charbonneau v Marcotte, 2021 CanLII 80264 (ON LTB)

Paul Charbonneau (the 'Landlord') applied for an order to terminate the tenancy and evict Don Marcotte (DM) and Tonya Marcotte (TM) (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe.

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Determinations:

1. The Tenants have not paid the total rent the Tenants were required to pay for the period from February 1, 2020 to March 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective March 29, 2021.

2. The monthly lawful rent was $1,340.30.

3. The Tenants were in possession of the rental unit when the Landlord filed the application with the Board.

4. The Landlord submitted a L1 information update form setting out that the Tenants paid $5,420.80 towards rent owing after the application was filed with the Board; and the total amount of the rent arrears now owing up to March 31, 2021 is $10,183.40.

5. The Tenant (DM) did not dispute the amount of rent arrears that are owing to the Landlord.

6. Based on the Landlord’s uncontested evidence, I am satisfied on a balance of probabilities that as of the hearing date, the Tenants owe to the Landlord up to the period ending March 31, 2021, rent arrears of $10,183.40, and $186.00 for the Landlords’ cost to file the application - totalling $10,369.40.

7. The Landlord Representative testified that there have been conversations between the Landlord and the Tenants about the arrears but was unsuccessful in reaching any form of a settlement or a negotiated repayment plan with the Tenant prior to the hearing. As a result, I am satisfied that the Landlord complied with their obligations under subsection 83(6) of the Residential Tenancies Act, 2006 (the ‘Act’).

8. The Tenants have occupied the rental unit for 10 years. Prior to COVID they were fulltime employed and currently only (DM) is employed. They are awaiting on COVID financial assistance which should be forthcoming anytime.

9. A review of the recent payments paid to the Landlord show that the Tenants are making an effort to pay on time. The Tenants asked for additional time to pay the arrears owing to the Landlord and pledged to pay future rent on time and a minimum of $300.00 extra in addition to their lawful rent towards the arrears.

10. The Landlord is seeking a standard 11-day order to end the tenancy.

11. The Landlord collected a rent deposit of $1,200.00 from the Tenants and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenants for the period from May 1, 2010 to March 29, 2021.

12. I have also 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 find that it would not be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act on the condition the Tenant pays to the Landlord the total arrears outstanding on the following repayment plan.

It is ordered that:

1. The Tenant shall pay the Landlord $10,369.40, the total amount owing representing rent arrears and costs owing up to March 31, 2021 upon the following terms:

• On or before March 5, 2021 the sum of $1,340.30 towards March arrears.

• On or before March 15, 2021 the sum of $300.00 towards arrears

• On or before April 1, 2021 the lawful rent of $1,340.30

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• On or before September 15, 2022 - $229.10 the balance of arrears owing

2. In the event that the Tenant fails to make any of the said payments in full and on time, by the dates as set out in paragraph 1 above, then:

a)the Landlord shall be entitled to apply to the Board, no later than 30 days after a breach of this Order, without notice to the Tenant, for an order terminating the tenancy and evicting the Tenant and for any arrears that have become due after the date of this Order, pursuant to Section 78 of the Residential Tenancies Act, 2006 (the ‘Act’).

b)the entire balance of the amount then outstanding shall become due and payable on the day following the date of default. The monies owing shall bear interest at the post-judgment interest rate determined under subsection 207(7) of the Act.

NOL-40927-20

Bernard Taddeo (the 'Landlord') applied for an order to terminate the tenancy and evict Sara-Jill Poulin (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. ...

It is determined that:

1. The Tenant has not paid $2,942.00 of the total rent the Tenant was required to pay for the period from March 1, 2020 to September 30, 2020. Because of the arrears, the Landlord served a Notice of Termination.

2. The monthly lawful rent was $1,456.00.

3. The Tenant was in possession of the rental unit when the Landlord filed the application with the Board.

4. The Landlord collected a rent deposit of $1,400.00 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenant for the period from October 1, 2016.

5. The Landlord submitted a L1 information update form setting out that the Tenant paid $7,800.00 towards rent owing after the application was filed with the Board; and the total amount of the rent arrears now owing up to March 31, 2021 is $3,878.00.

6. The Tenant did not dispute the amount of the rent arrears owing to the Landlord.

7. Based on the Landlord’s uncontested evidence, I am satisfied on a balance of probabilities that as of the hearing date, the Tenant owes to the Landlord up to the period ending March 31, 2021, rent arrears of $3,878.00, and $201.00 for the Landlords’ cost to file the application - totalling $4,079.00.

8. The Landlord testified that there have been conversations between the Landlord and the Tenant about the arrears but was unsuccessful in reaching any form of a settlement or a negotiated repayment plan with the Tenant. As a result of the uncontested testimony of the Landlord, I am satisfied that the Landlord complied with their obligations under subsection 83(6) of the Residential Tenancies Act, 2006 (the ‘Act’).

9. The Tenant testified that she is a front-line worker and due to the COVID pandemic, her regular work schedule had been reduced resulting in a loss of income that contributed to the rent arrears now owing. She is back to work full time now and requested more time and a repayment plan to pay back the rent arrears currently owing to the Landlord.

10.The Tenant proposed to pay $400.00 in addition to the monthly lawful rent each month on the 15th until the arrears are paid. The Landlord agreed to the proposed $400.00 per month towards arrears owing.

11. I have also 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 find that it would not be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act on the condition the Tenant pays to the Landlord the total arrears outstanding on the following repayment plan.

12. The Tenant raised other dispute issues relating to potential electrical power service interruption in the residential complex and frequent visits to the rental premises without proper notice of entry being given. While these are issues that give rise to the Tenants right for filing of an application, the Tenant was not seeking a monetary remedy, but rather making the Landlord aware of her issues.

It is ordered that:

1. The Tenant shall pay the Landlord $4,079.00, the total amount owing representing rent arrears and costs owing up to March 31, 2021 upon the following terms:

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2. In the event that the Tenant fails to make any of the said payments in full and on time, by the dates as set out in paragraph 1 above, then:

a)the Landlord shall be entitled to apply to the Board, no later than 30 days after a breach of this Order, without notice to the Tenant, for an order terminating the tenancy and evicting the Tenant and for any arrears that have become due after the date of this Order, pursuant to Section 78 of the Residential Tenancies Act, 2006 (the ‘Act’).

b)the entire balance of the amount then outstanding shall become due and payable on the day following the date of default. The monies owing shall bear interest at the post-judgment interest rate determined under subsection 207(7) of the Act.