LTB Order LTB-L-014656-23

2023 ONLTB 32632 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Y. v W., 2023 ONLTB 32632 Date: 2023-04-21 File Number: LTB-L-014656-23 In the matter of: 3, 15 Brenda Court Brantford ON N3R2L8 Between: P.Y. Landlord And J.W. Tenant P.Y. (the 'Landlord') applied for an order to terminate the tenancy and evict J. W. (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 October 18, 2022, with respect to application ltb-l-017194-22. 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 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 conditions specified in the mediated settlement: The Tenant failed to pay the lawful monthly rent on or before January 7, 2023. Further, the Tenant failed to pay $377 towards arrears, on or before January 22, 2023. Order Page: 1 of 3  3. The previous application includes a request for an order for the payment of arrears of rent 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 $2,261.00 for rent arrears and the application filing fee in the previous mediated settlement. The amount that is still owing from that mediated 2023 ONLTB 32632 (CanLII) settlement is $290.00 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 January 1, 2023, to February 28, 2023. File Number: LTB-L-014656-23 6. 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 $28.31. This amount is calculated as follows: $861.00 x 12, divided by 365 days. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before May 2, 2023. 2. If the unit is not vacated on or before May 2, 2023, then starting May 3, 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 May 3, 2023. 4. The Tenant shall pay to the Landlord $3,269.51* (Less any payments made by the Tenants after this application was filed on February 15, 2023). This amount represents the rent owing up to April 21, 2023. 5. The Tenant shall also pay to the Landlord $28.31 per day for compensation for the use of the unit starting April 22, 2023, to the date the Tenant moves out of the unit. 6. If the Tenant does not pay the Landlord the full amount owing on or before May 2, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from May 3, 2023, at 6.00% annually on the balance outstanding. April 21, 2023 ____________________________ Date Issued Michael Di Salle Member, Landlord and Tenant Board Order Page: 2 of 3 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until May 1, 2023, to file a motion with the LTB to set aside the order under s. 2023 ONLTB 32632 (CanLII) 78(9) of the Act. If the tenant files the motion by May 1, 2023, the order will be stayed and 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 November 3, 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. File Number: LTB-L-014656-23 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to October 31, 2022 mediated settlement $290.00 New Arrears November 1, 2022 to April 21, 2023 $2,979.51 Plus daily compensation owing for each day of occupation $28.31 (per day) starting April 22, 2023 Total the Tenant must pay the Landlord: $3,269.51 +$28.31 per day starting April 22, 2023 Order Page: 3 of 3