LTB Order LTB-L-025008-23

Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Homestead Land Holdings Limited v Simms, 2023 ONLTB 34892 2023 ONLTB 34892 (CanLII) Date: 2023-05-03 File Number: LTB-L-025008-23 In the matter of: 1109, 335 VAN HORNE AVE NORTH YORK ON M2J2V1 Between: Homestead Land Holdings Limited Landlord And Gekeria Minerva Simms and Romad Murphy Tenants Homestead Land Holdings Limited (the 'Landlord') applied for an order to terminate the tenancy and evict Gekeria Minerva Simms and Romad Murphy (the 'Tenants') and 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 with respect to application LTB-L-023383-22. 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 and 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 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 and 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 $9,744.80 for rent arrears and the application filing fee in the previous mediated settlement. The amount that is still owing from that mediated settlement is $9,744.80 and that amount is included in this order. Order Page: 1 of 4  File Number: LTB-L-025008-23 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 December 1, 2022 to March 31, 2023. 6. The Landlord collected a rent deposit of $1,862.90 from the Tenants and this deposit is still being held by the Landlord. 2023 ONLTB 34892 (CanLII) 7. Interest on the rent deposit is owing to the Tenants for the period from August 1, 2022 to May 3, 2023. 8. The amount of the rent deposit and 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 $61.55. This amount is calculated as follows: $1,872.20 x 12, divided by 365 days. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before May 14, 2023. 2. If the unit is not vacated on or before May 14, 2023, then starting May 15, 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 15, 2023. 4. The Tenants shall pay to the Landlord $15,502.48*(Less any payments made by the Tenant after this application was filed on March 24, 2023). This amount represents the rent owing up to May 3, 2023 and the cost of filing the previous application, less the rent deposit and interest the Landlord owes on the rent deposit. 5. The Tenants shall also pay to the Landlord $61.55 per day for compensation for the use of the unit starting May 4, 2023 to the date the Tenants moves out of the unit. 6. If the Tenants do not pay the Landlord the full amount owing on or before May 14, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from May 15, 2023 at 6.00% annually on the balance outstanding. May 3, 2023 Date Issued Lynn Mitchell Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until May 13, 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 13, 2023 the order will be stayed and the LTB will schedule a hearing. Order Page: 2 of 4  File Number: LTB-L-025008-23 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 15, 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 34892 (CanLII) * Refer to the attached Summary of Calculations. Order Page: 3 of 4  File Number: LTB-L-025008-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 34892 (CanLII) Amount owing from previous Up to November 30, 2022 $9,744.80 mediated settlement New Arrears December 1, 2022 to May 3, $7,645.65 2023 Less the rent deposit: -$1,862.90 Less the interest owing on the August 1, 2022 to May 3, 2023 -$25.07 rent deposit Plus daily compensation owing for each day of occupation $61.55 (per day) starting May 4, 2023 Total the Tenants must pay the Landlord: $15,502.48 +$61.55 per day starting May 4, 2023 Order Page: 4 of 4