LTB Order LTB-L-030597-23

2023 ONLTB 36088 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Homestead Land Holdings Limited v Annie Gutierrez, 2023 ONLTB 36088 Date: 2023-05-15 File Number: LTB-L-030597-23 In the matter of: 516, 263 PHARMACY AVE SCARBOROUGH ON M1L3E8 Between: Homestead Land Holdings Limited Landlord And Annie Gutierrez Tenant Homestead Land Holdings Limited (the 'Landlord') applied for an order to terminate the tenancy and evict Annie Gutierrez (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 order issued by the LTB on January 23, 2023 with respect to application LTB-L-026693-22. This application was decided without a hearing being held. Determinations: 1. The order 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 order. 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 order: The Tenant failed to pay the full lawful monthly rent on or before April 1, 2023. 3. The previous application includes a request for an order for the payment of arrears of rent and the order requires the Tenant to make payments by specific due dates. Accordingly, in Order Page: 1 of 4  File Number: LTB-L-030597-23 addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 4. The Tenant was required to pay $4,869.36 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $2,069.36 and that amount is included in this order. 2023 ONLTB 36088 (CanLII) 5. Since the date of the previous order, the Tenant has failed to pay the full rent that became owing for the period from April 1, 2023 to April 30, 2023. 6. The Landlord collected a rent deposit of $1,230.65 from the Tenant and this deposit is still being held by the Landlord. 7. Interest on the rent deposit is owing to the Tenant for the period from July 1, 2022 to May 15, 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 $40.73. This amount is calculated as follows: $1,238.97 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-026693-22 is cancelled. 2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before May 26, 2023. 3. If the unit is not vacated on or before May 26, 2023, then starting May 27, 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 27, 2023. 5. The Tenant shall pay to the Landlord $1,769.80*(Less any payments made by the Tenant after this application was filed on April 10, 2023). This amount represents the rent owing up to May 15, 2023 and the cost of filing the previous application, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenant shall also pay to the Landlord $40.73 per day for compensation for the use of the unit starting May 16, 2023 to the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before May 26, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from May 27, 2023, at 6.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-030597-23 May 15, 2023 Date Issued Michael Di Salle Member, Landlord and Tenant Board 2023 ONLTB 36088 (CanLII) 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until May 25, 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 25, 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. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on November 27, 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-030597-23 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to January 31, 2023 2023 ONLTB 36088 (CanLII) order $2,069.36 New Arrears April 1, 2023 to May 15, 2023 $949.92 Less the rent deposit: -$1,230.65 July 1, 2022 to May 15, 2023 Less the interest owing on the -$18.83 rent deposit Plus daily compensation owing for each day of occupation $40.73 (per day) starting May 16, 2023 Total the Tenant must pay the Landlord: $1,769.80 +$40.73 per day starting May 16, 2023 Order Page: 4 of 4