Evictly

LTB Order LTB-L-030738-22

Citation
2023 ONLTB 25424
Decided
2023-03-07
Rental unit
Basement, 116 YORK DOWNS DR NORTH YORK ON M3H2G7
Landlord
Z.K.
Tenant
D.A.P.U.S.R.T.A.C.K.V.M.
2023 ONLTB 25424 (CanLII) Order U. S. 74(6) and D. A. Payment-Out U. S. 195(2) R. T. Act, 2006 Citation: K. v Miyazawa, 2023 ONLTB 25424 Date: 2023-03-07 File Number: LTB-L-030738-22-VO In the matter of: Basement, 116 YORK DOWNS DR NORTH YORK ON M3H2G7 Between: Z.K. Landlord And Tsuneaki Miyazawa Tenant On February 2, 2023, the Board issued order LTB-L-030738-22 terminating the tenancy and evicting Tsuneaki Miyazawa (the 'Tenant') because the Tenant failed to pay rent that the Tenant owes. On March 6, 2023, the Tenant filed a motion to void order LTB-L-030738-22 because before the eviction order became enforceable, the Tenant paid to the Board in trust the amount required to void the order U. S. 74(4) of the R. T. Act, 2006 (the 'Act'). This motion was addressed without a hearing being held. Determinations: 1. Before the Tenant filed this motion, the Tenant paid a total of $5,334.00 to the Board in trust. The amount paid represents all the rent that is in arrears U. the tenancy agreement, all additional rent that would have been due U. the tenancy agreement up to March 31, 2023, all NSF and related administration fees the Landlord incurred and the filing fee for this application. This payment is at least the amount required U. S. 74(6) to void the eviction order. It is ordered that: 1. Order LTB-L-030738-22 is void and cannot be enforced by the Landlord. 2. The amount of $5,334.00 paid into the LTB by the Tenant shall be paid out to the Landlord 3. The Board shall pay to the Landlord the amount $5,334.00 together with any accrued interest. 2023 ONLTB 25424 (CanLII) Order Page 1 of 2 File Number: LTB-L-030738-22-VO March 7, 2023 ____________________________ Date Issued Curtis Begg 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. Notes: • When the LTB directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party(ies) named in this order. The cheque will be in the amount directed plus any interest accrued up to the date of this order. Order Page 2 of 2 2023 ONLTB 25424 (CanLII)