LTB Order LTB-L-019378-23

2023 ONLTB 33451 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Embee Properties Limited v R., 2023 ONLTB 33451 Date: 2023-04-26 File Number: LTB-L-019378-23 In the matter of: 404, 435 Glen Park Avenue Toronto ON M6B2E8 Between: Embee Properties Limited Landlord And J.R.R. Tenant Embee Properties Limited (the 'Landlord') applied for an order to terminate the tenancy and evict J.R.R. (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 February 2, 2023 with respect to application LTB L03126822. 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 condition specified in the mediated settlement: The Tenant failed to pay the arrears installment of $ 6043.00 on or before March 01,2023 and failed to pay the monthly rent that came due for March 2023 on or before March 01, 2023. Order Page: 1 of 4  File Number: LTB-L-019378-23 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 $12,086.00 for rent arrears and the application filing fee in 2023 ONLTB 33451 (CanLII) the previous mediated settlement. The amount that is still owing from that mediated settlement is $12,086.00 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 March 1, 2023 to March 31, 2023. 6. The Landlord collected a rent deposit of $889.00 from the Tenant and this deposit is still being held by the Landlord. 7. Interest on the rent deposit is owing to the Tenant for the period from January 1, 2020 to April 26, 2023. 8. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenant is required to pay. 9. 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 $30.28. This amount is calculated as follows: $921.00 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 7, 2023. 2. If the unit is not vacated on or before May 7, 2023, then starting May 8, 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 8, 2023. 4. The Tenant shall pay to the Landlord $12,867.99* (less any amount paid to the Landlords after this application was filed on March 03, 2023). This amount represents the rent owing up to April 26, 2023 and the cost of filing the previous application, less the rent deposit and interest the Landlord owes on the rent deposit. 5. The Tenant shall also pay to the Landlord $30.28 per day for compensation for the use of the unit starting April 27, 2023 to the date the Tenant moves out of the unit. Order Page: 2 of 4  File Number: LTB-L-019378-23 6. If the Tenant does not pay the Landlord the full amount owing on or before May 7, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from May 8, 2023 at 6.00% annually on the balance outstanding. 2023 ONLTB 33451 (CanLII) April 26, 2023 ____________________________ Date Issued Lynn Mitchell Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until May 6, 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 May 6, 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 8, 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-019378-23 Summary of Calculation 2023 ONLTB 33451 (CanLII) Order Page: 4 of 4