LTB Order LTB-L-023551-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: W. v J., 2023 ONLTB 19769 Date: 2023-02-13 2023 ONLTB 19769 (CanLII) File Number: LTB-L-023551-22 In the matter of: 1606, 1080 BAY ST TORONTO ON M5S0A5 Between: C.W. Landlord And R.J. Tenant C.W. (the 'Landlord') applied for an order to terminate the tenancy and evict R. J. (the 'Tenant') because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on January 25, 2023. The Landlord, the Landlord’s legal representative, Caryma S’ad and the Tenant attended the hearing. Determinations: 1. As explained below, the Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. Therefore, the application is granted. 2. The Tenant was in possession of the rental unit on the date the application was filed. 3. On April 19, 2022, the Landlord gave the Tenant an N12 notice of termination with the termination date of June 30, 2022. The Landlord claims that they require vacant possession of the rental unit for the purpose of residential occupation by the Landlord. 4. The Landlord in good faith requires possession of the rental unit for the purpose of their own residential occupation for a period of at least one year. I prefer the Landlord’s consistent testimony in this regard over the Tenant’s speculation that the Landlord seeks vacant possession for the purpose of re-renting the unit at a higher rent. 5. The Landlord has compensated the Tenant an amount equal to one month's by having waived the rent owing for April 2022 before June 30, 2022. 6. The Tenant was required to pay the Landlord $15,460.27 in daily compensation for use and occupation of the rental unit for the period from July 1, 2022 to January 25, 2023. 7. Based on the Monthly rent, the daily compensation is $73.97. This amount is calculated as follows: $2,250.00 x 12, divided by 365 days. Order Page 1 of 3  File Number: LTB-L-023551-22 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $2,250.00 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit, in the amount of $19.21 is owing 2023 ONLTB 19769 (CanLII) to the Tenant for the period from September 28, 2020. In accordance with subsection 106(10) of the Residential Tenancies Act, 2006, (the ‘Act') the last month's rent deposit shall be applied to the rent for the last month of the tenancy. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. Specifically, after I orally ruled in favour of the application, the parties mutually requested delayed termination to August 31, 2023. 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 August 31, 2023. 2. If the unit is not vacated on or before August 31, 2023, then starting September 1, 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 September 1, 2023. 4. The Tenant shall pay to the Landlord $13,191.06, which represents compensation for the use of the unit from July 1, 2022 to January 25, 2023, less the rent deposit and interest the Landlord owes on the rent deposit. 5. The Tenant shall also pay the Landlord compensation of $73.97 per day for the use of the unit starting January 26, 2023 until the date the Tenant moves out of the unit. 6. The Tenant shall also pay to the Landlord $186.00 for the cost of filing the application. February 13, 2023 Date Issued Sean Henry 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. Order Page 2 of 3  File Number: LTB-L-023551-22 In accordance with section 81 of the Act, the part of this order relating to the eviction of the Tenant expires on March 1, 2024 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 19769 (CanLII) Order Page 3 of 3