LTB Order LTB-L-021959-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 33692 (CanLII) Citation: Devamm Investments IIA Ltd v S., 2023 ONLTB 33692 Date: 2023-04-27 File Number: LTB-L-021959-23 In the matter of: 2305, 55 EMMETT AVE YORK ON M6M2E4 Between: Devamm Investments IIA Ltd Landlord A. M.S.A.S.N. Tenants Devamm Investments IIA Ltd (the 'Landlord') applied for an order to terminate the tenancy A. evict M.S.A.S.N. (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 February 14, 2023 with respect to application LTB- L-032694-22. 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 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 conditions specified in the mediated settlement: The Tenants failed to pay $1,000.00 in full towards the arrears, on or before February 15, 2023. The Tenants also failed to pay the lawful monthly rent for March 2023 rent in full, on or before March 1, 2023. 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. 2023. 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 $5,799.51 for rent arrears A. the application filing fee in the previous mediated settlement. The amount that is still owing from that mediated settlement is $5,198.85 A. that amount is included in this order. Order Page: 1 of 4  File Number: LTB-L-021959-23 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 March 1, 2023 to March 31, 2023. 6. The Landlord collected a rent deposit of $1,610.34 from the Tenants A. this deposit is still being held by the Landlord. 2023 ONLTB 33692 (CanLII) 7. Interest on the rent deposit is owing to the Tenants for the period from January 1, 2023 to April 27, 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 $52.94. This amount is calculated as follows: $1,610.34 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-032694-22 is cancelled. 2. The tenancy between the Landlord A. the Tenants is terminated. The Tenants must move out of the rental unit on or before May 8, 2023. 3. If the unit is not vacated on or before May 8, 2023, then starting May 9, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 4. 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 9, 2023. 5. The Tenants shall pay to the Landlord $6,615.32*(less any amount paid to the Landlords after this application was filed on March 14, 2023). This amount represents the rent owing up to April 27, 2023 A. the cost of filing the previous application, less the rent deposit A. interest the Landlord owes on the rent deposit. 6. The Tenants shall also pay to the Landlord $52.94 per day for compensation for the use of the unit starting April 28, 2023 to the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before May 8, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from May 9, 2023 at 6.00% annually on the balance outstanding. April 27, 2023 Date Issued Kimberly Parish Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until May 7, 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 May 7, 2023 the order will be stayed A. the LTB will schedule a hearing. Order Page: 2 of 4  File Number: LTB-L-021959-23 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 9, 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. 2023 ONLTB 33692 (CanLII) * Refer to the attached Summary of Calculations. Order Page: 3 of 4  File Number: LTB-L-021959-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 33692 (CanLII) Amount owing from previous Up to January 31, 2023 mediated settlement $5,198.85 New Arrears March 1, 2023 to April 27, 2023 $3,039.72 Less the rent deposit: -$1,610.34 January 1, 2023 to April 27, Less the interest owing on the 2023 -$12.91 rent deposit Plus daily compensation owing for each day of occupation $52.94 (per day) starting April 28, 2023 Total the Tenants must pay the Landlord: $6,615.32 +$52.94 per day starting April 28, 2023 Order Page: 4 of 4