LTB Order LTB-L-029803-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 36495 (CanLII) Citation: Xu v M., 2023 ONLTB 36495 Date: 2023-05-16 File Number: LTB-L-029803-23 In the matter of: 973 BLACK CHERRY DR OSHAWA ON L1K0P2 Between: C.X. Landlord And B.M. Tenant C.X. (the 'Landlord') applied for an order to terminate the tenancy and evict B. M. (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 August 26, 2022, with respect to application LTB-L-006870-22. 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 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 full $700.00 towards the arrears on or before March 20, 2023. 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 $6,936.00 for rent arrears and the application filing fee in the previous mediated settlement. The amount that is still owing from that mediated settlement is $3,136.00 and that amount is included in this order. Order Page: 1 of 4  File Number: LTB-L-029803-23 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 $2,250.00 from the Tenant and this deposit is still being held by the Landlord. 2023 ONLTB 36495 (CanLII) 7. Interest on the rent deposit is owing to the Tenant for the period from July 1, 2019, to May 16, 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 $73.97. This amount is calculated as follows: $2,250.00 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 27, 2023. 2. If the unit is not vacated on or before May 27, 2023, then starting May 28, 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 28, 2023. 4. The Tenant shall pay to the Landlord $6,431.55 (Less any payments made by the Tenant after this application was filed on April 13, 2023). This amount represents the rent owing up to May 16, 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 $73.97 per day for compensation for the use of the unit starting May 17, 2023, to the date the Tenant moves out of the unit. 6. If the Tenant does not pay the Landlord the full amount owing on or before May 27, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from May 28, 2023, at 6.00% annually on the balance outstanding. May 16, 2023 ____________________________ Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 Order Page: 2 of 4  File Number: LTB-L-029803-23 The Tenant has until May 26, 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 26, 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. 2023 ONLTB 36495 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on November 28, 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-029803-23 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to August 31, 2022 2023 ONLTB 36495 (CanLII) mediated settlement $3,136.00 New Arrears March 1, 2023, to May 16, 2023 $5,683.52 Less the rent deposit: -$2,250.00 July 1, 2019, to May 16, 2023 Less the interest owing on the -$137.97 rent deposit Plus daily compensation owing for each day of occupation $73.97 (per day) starting May 17, 2023 Total the Tenant must pay the Landlord: $6,431.55 + $73.97 per day starting May 17, 2023 Order Page: 4 of 4