LTB Order LTB-L-011875-23

2023 ONLTB 29969 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: H&R Property Management v H., 2023 ONLTB 29969 Date: 2023-04-06 File Number: LTB-L-011875-23 In the matter of: 1618, 10 WILLOWRIDGE RD ETOBICOKE ON M9R3Y8 Between: H&R Property Management Landlord A. B.H.I.H.H.A.J.M.A. Tenants Elliott H&R Property Management (the 'Landlord') applied for an order to terminate the tenancy A. evict B.H.I.H.H.A.J.M.A. Elliott (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 September 02, 2022 with respect to application LTB-L-005942-22. 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 do 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 the lawful rent of $1,720.40 in full A. on time, on or before February 1, 2023. Order Page: 1 of 4  File Number: LTB-L-011875-23 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 $7,976.80 for rent arrears A. the application filing fee 2023 ONLTB 29969 (CanLII) in the previous mediated settlement. The amount that is still owing from that mediated settlement is $1,216.14 A. that amount is included in this order. 5. Since the date of the previous mediated settlement, the Tenants have failed to pay the full rent that became owing for the period from September 1, 2022, to February 28, 2023. 6. The Landlord collected a rent deposit of $1,720.40 from the Tenants A. this deposit is still being held by the Landlord. 7. Interest on the rent deposit is owing to the Tenants for the period from July 1, 2021, to April 06, 2023. 8. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenants are required to pay. 9. 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 $56.56. This amount is calculated as follows: $1,720.40 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 April 17, 2023. 2. If the unit is not vacated on or before April 17, 2023, then starting April 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 April 18, 2023. 4. The Tenants shall pay to the Landlord $4,961.30 (Less any payments made by the Tenants after this application was filed on February 6, 2023). This amount represents the rent owing up to April 06, 2023, A. the cost of filling the application, less the rent deposit A. interest the Landlord owes on the rent deposit. 5. The Tenants shall also pay to the Landlord $56.56 per day for compensation for the use of the unit starting April 7, 2023, to the date the Tenants move out of the unit. 6. If the Tenants do not pay the Landlord the full amount owing on or before April 17, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from April 18, 2023, at 6.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-011875-23 April 6, 2023 ____________________________ Date Issued Sonia Anwar-Ali Member, Landlord A. Tenant Board 2023 ONLTB 29969 (CanLII) 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until April 16, 2023, to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenant files the motion by April 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 October 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-011875-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to August 31, 2022 2023 ONLTB 29969 (CanLII) mediated settlement $1,216.14 New Arrears September 1, 2022, to April 06 , 2023 $5,497.52 Less the rent deposit: -$1,720.40 January 01, 2023, to April 06, Less the interest owing on the 2023 -$31.96 rent deposit Plus daily compensation owing for each day of occupation $56.56 (per day) starting April 07, 2023 Total the Tenants must pay the Landlord: $4,961.30 +$56.56 per day starting April 07, 2023 Order Page: 4 of 4