LTB Order LTB-L-002440-23

2023 ONLTB 23741 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Hughson Apartments Joint Venture v K., 2023 ONLTB 23741 Date: 2023-03-06 File Number: LTB-L-002440-23 In the matter of: 1602, 192 Hughson Street North Hamilton Ontario L8L7Z9 Between: Hughson Apartments Joint Venture Landlord A. A.K.A.M.F. Tenants Hughson Apartments Joint Venture (the 'Landlord') applied for an order to terminate the tenancy A. evict A.K.A.M.F. (the 'Tenants') A. for an order to have the Tenants pay the rent they owe because the Tenants did not meet a condition specified in the mediated settlement signed by the parties on with respect to application SOL-26475-21. This application was decided without a hearing being held. Determinations: 1. The mediated settlement provides that the Landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenants to terminate the tenancy A. evict the Tenants if the Tenants does not meet certain condition(s) in the mediated settlement. This application was filed within 30 days of the breach. 2. I find that the Tenants have not met the following condition specified in the mediated settlement: The Tenants failed to pay to the Landlord $438.73 on or before November 20, 2022 towards arrears of rent. Order Page: 1 of 4  File Number: LTB-L-002440-23 3. The previous application includes a request for an order for the payment of arrears of rent A. the mediated settlement requires the Tenants to make payments by specific due dates. Accordingly, in addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 4. The Tenants were required to pay $5,265.78 for rent arrears A. the application filing fee 2023 ONLTB 23741 (CanLII) in the previous mediated settlement. The amount that is still owing from that mediated settlement is $2,181.05 A. that amount is included in this order. 5. The Landlord collected a rent deposit of $1,425.69 from the Tenants A. this deposit is still being held by the Landlord. 6. Interest on the rent deposit is owing to the Tenants for the period from January 1, 2020 to March 6, 2023. 7. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenants is required to pay. 8. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenants move out of the unit at a daily rate of $47.43. This amount is calculated as follows: $1,442.80 x 12, divided by 365 days. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated. The Tenants must move out of the rental unit on or before March 17, 2023. 2. If the unit is not vacated on or before March 17, 2023, then starting March 18, 2023, the Landlord 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 Landlord on or after March 18, 2023. 4. The Tenants shall pay to the Landlord $5,313.51*(Less any payments made by the Tenants after this application was filed on November 29, 2022). This amount represents the rent owing up to March 06, 2023, A. the cost of filling the previous application, less the rent deposit A. interest the Landlord owes on the rent deposit. 5. The Tenants shall also pay to the Landlord $47.43 per day for compensation for the use of the unit starting March 7, 2023 to the date the Tenants moves out of the unit. 6. If the Tenants does not pay the Landlord the full amount owing on or before March 17, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from March 18, 2023 at 5.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-002440-23 March 6, 2023 Date Issued ____________________ Kimberly Parish 2023 ONLTB 23741 (CanLII) Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until March 16, 2023 to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the Tenants file the motion by March 16, 2023 the order will be stayed A. the LTB will schedule a hearing. 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 September 18, 2023 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. * Refer to the attached Summary of Calculations. Order Page: 3 of 4  File Number: LTB-L-002440-23 Summary of Calculations Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to March 31, 2022 2023 ONLTB 23741 (CanLII) mediated settlement $2,181.05 New Arrears December 1, 2022 to March 6, 2023 $4,612.98 Less the rent deposit: -$1,425.69 January 1, 2020 to March 6, Less the interest owing on the 2023 -$54.83 rent deposit Plus daily compensation owing for each day of occupation $47.43 (per day) starting March 7, 2023 Total the Tenants must pay the Landlord: $5,313.51 +$47.43 per day starting March 7, 2023 Order Page: 4 of 4