LTB Order LTB-L-008169-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 37730 (CanLII) Citation: K.F.H.C. v M., 2023 ONLTB 37730 Date: 2023-05-19 File Number: LTB-L-008169-23 In the matter of: 212-205 Bagot Street K., ON K7L 5G6 Between: K.F.H.C. Landlord And J.M. Tenant K.F.H.C. (the 'Landlord') applied for an order to terminate the tenancy and evict J.M. (the 'Tenant') and for an order to have the Tenant pay the rent they owe because the Tenant did not meet a condition specified in the mediated settlement signed by the parties on August 4, 2022 with respect to application LTB-L-005479-22. This matter was directed to hear due to the discrepancy between the amounts indicated in the Landlord’s application This application was heard by videoconference on April 17, 2023. The Landlord’s Legal Representative Nicola Diak, the Landlord’s agent Patricia Price and the Tenant attended the hearing. The Tenant met with Tenant Duty Counsel prior to the hearing. 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 Tenant to terminate the tenancy and evict the Tenant if the Tenant 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 Tenant has not met the following condition specified in the mediated settlement: a) The Tenant failed to pay the monthly rent in full by December 1, 2022. b) The Tenant failed to pay an arrears payment of $200.00 on or before December 1, 2022. c) The Tenant failed to pay the monthly rent in full by January 1, 2023. Order Page: 1 of 4  File Number: LTB-L-008169-23 d) The Tenant failed to pay an arrears payment of $200.00 on or before January 1, 2023. 3. The previous application includes a request for an order for the payment of arrears of rent 2023 ONLTB 37730 (CanLII) and the mediated settlement requires the Tenant 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 Tenant was required to pay $5,646.40 for rent arrears and the application filing fee in the previous mediated settlement. The amount that is still owing from that mediated settlement is $4,031.40 and that amount is included in this order. 5. Since the date of the previous mediated settlement, the Tenant has failed to pay the full rent that became owing for the period from September 1, 2022 to April 30, 2023. The Tenant has failed to make any payments towards rent or arrears since November 18, 2022. 6. The Tenant acknowledged the breach and testified that she has endured a lot of trauma the past year, which has led to her financial issues. The Tenant testified that she is unemployed and is applying for assistance. Rent Deposit 7. The Landlord collected a rent deposit of $1,166.53 from the Tenant and this deposit is still being held by the Landlord. 8. Interest on the rent deposit is owing to the Tenant for the period from January 1, 2023 to May 19, 2023. 9. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenant is required to pay. Daily Compensation 10. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenant moves out of the unit at a daily rate of $39.22. This amount is calculated as follows: $1,192.89 x 12, divided by 365 days. Section 83 Considerations 11. The parties agreed that the tenancy should be terminated and had agreed to a date of May 15, 2023. Due to the issuance of this order, that date will be extended to May 30, 2023. It is ordered that: 12. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before May 30, 2023. Order Page: 2 of 4  File Number: LTB-L-008169-23 13. If the unit is not vacated on or before May 30, 2023, then starting May 31, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 14. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant 2023 ONLTB 37730 (CanLII) possession of the unit to the Landlord on or after May 31, 2023. 15. The Tenant shall pay to the Landlord $12,980.61*. This amount represents the rent owing up to May 19, 2023 and the cost of filing the previous application, less the rent deposit and interest the Landlord owes on the rent deposit. 16. The Tenant shall also pay to the Landlord $39.22 per day for compensation for the use of the unit starting May 20, 2023 to the date the Tenant moves out of the unit. 17. If the Tenant does not pay the Landlord the full amount owing on or before May 30, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from May 31, 2023 at 6.00% annually on the balance outstanding. May 19, 2023 Date Issued Jagger Benham 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 November 30, 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-008169-23 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 37730 (CanLII) Amount owing from previous Up to August 31, 2022 mediated settlement $4,031.40 New Arrears September 1, 2022 to May 19, 2023 $10,126.85 New NSF cheque charges and related administration charges $0.00 Less the rent deposit: -$1,166.53 January 1, 2023 to May 19, Less the interest owing on the 2023 -$11.11 rent deposit Plus daily compensation owing for each day of occupation $39.22 (per day) starting May 20, 2023 Total the Tenant must pay the Landlord: $12,980.61 +$39.22 per day starting May 20, 2023 Order Page: 4 of 4