LTB Order LTB-L-029604-22

2023 ONLTB 27107 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: S. v K., 2023 ONLTB 27107 Date: 2023-03-28 File Number: LTB-L-029604-22 In the matter of: 22, 200 VETERANS DRIVE BRAMPTON ON L7A4S6 Between: L. R. P. S. A. D. K. T. D. K. L. K. L. B. L. K. R. P. S. (the 'L.') applied for an order to terminate the tenancy A. evict D. K., D. K., L. K., L. B. A. L. K. (the 'T.') because: • the L. has entered into an agreement of purchase A. sale of the rental unit A. the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation. The L. also claimed compensation for each day the T. remained in the unit after the termination date. This application was heard by videoconference on February 7, 2023. The L. A. the L.’s Representative, Vengayi Kanyere, attended the hearing. As of 11:10am, the T. were not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the L.'s evidence. Order Page 1 of 4 Determinations: 1. For the reasons that follow, I find that the L., on behalf of the purchasers, in good faith requires possession of the rental unit for the purpose of residential occupation. The tenancy between the L. A. the T. will be terminated. 2. The T. were in possession of the rental unit on the date the application was filed. 2023 ONLTB 27107 (CanLII) File Number: LTB-L-029604-22 3. A declaration, complete by the purchasers, dated March 22, 2022, was submitted with the L.’s application. This is in accordance with section 72(1)(b) of the Residential Tenancies Act, 2006, (the ‘Act’). 4. On March 15, 2022, the L. gave the Tenant an N12 notice of termination with the termination date of June 30, 2022. The notice was given on behalf of the Purchaser who claims that they require vacant possession of the rental unit for the purpose of residential occupation by the Purchaser. 5. The L. has compensated the Tenant an amount equal to one month's rent by June 30, 2022. 6. The L. testified that an agreement of purchase was in place, A. the purchasers were waiting for this tenancy to terminate before completing this transaction. 7. Based on the uncontested evidence before me, I am satisfied that the L., on behalf of the purchasers, in good faith requires possession of the rental unit for the purpose of residential occupation. 8. The Tenant was required to pay the L. $12,998.86 in daily compensation for use A. occupation of the rental unit for the period from July 1, 2022, to February 7, 2023. 9. Based on the Monthly rent, the daily compensation is $58.55. This amount is calculated as follows: $1,781.00 x 12, divided by 365 days. 10. The L. collected a rent deposit of $1,781.00 from the Tenant A. this deposit is still being held by the L.. Interest on the rent deposit, in the amount of $31.35 is owing to the Tenant for the period from May 27, 2022, to February 7, 2023. 11. In accordance with subsection 106(10) of the Act, the last month's rent deposit shall be applied to the rent for the last month of the tenancy. 12. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Act A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: Order Page 2 of 4  1. The tenancy between the L. A. the T. is terminated. The T. must move out of the rental unit on or before April 30, 2023. 2. If the unit is not vacated on or before April 30, 2023, then starting May 1, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 2023 ONLTB 27107 (CanLII) 3. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the L. on or after May 1, 2023. 4. The T. shall pay to the L. $11,186.51, less any rent paid to the L., which represents compensation for the use of the unit from July 1, 2022, to February 7, 2023, less the rent deposit A. interest the L. owes on the rent deposit. File Number: LTB-L-029604-22 5. The T. shall also pay the L. compensation of $58.55 per day for the use of the unit starting February 8, 2023, until the date the Tenant moves out of the unit. March 28, 2023 Date Issued Robert Brown Member, L. A. 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. In accordance with section 81 of the Act, the part of this order relating to the eviction of the Tenant expires on November 1, 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. Order Page 3 of 4 Order Page 4 of 4 2023 ONLTB 27107 (CanLII)