LTB Order LTB-L-032943-23

2023 ONLTB 37589 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Melrose Park Investments Limited v N. O. K., 2023 ONLTB 37589 Date: 2023-05-23 File Number: LTB-L-032943-23 In the matter of: 1721, 605 FINCH AVE W NORTH YORK ON M2R1P1 Between: Melrose Park Investments Limited Landlord A. H.H.N.O.K.A. Tenants Venus Agbuya Melrose Park Investments Limited (the 'Landlord') applied for an order to terminate the tenancy A. evict H.H.N.O.K.A. Venus Agbuya (the 'Tenants') A. for an order to have the Tenants pay the rent they owe because the Tenants did not meet a condition specified in the order issued by the LTB on April 19, 2023 with respect to application LTB- L052285-22. 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 Tenants to terminate the tenancy A. evict the Tenants if the Tenants do not meet certain condition(s) in the order. 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 order: The Tenants did not pay the lawful rent for April 2023 in full on or before April 15, 2023. Order Page: 1 of 4  File Number: LTB-L-032943-23 3. The previous application includes a request for an order for the payment of arrears of rent A. the order 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 $15,990.48 for rent arrears A. the application filing fee 2023 ONLTB 37589 (CanLII) in the previous order. The amount that is still owing from that order is $15,990.48 A. that amount is included in this order. This order replaces order LTB-L-052285-22. 5. Since the date of the previous order, the Tenants have 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 $2,385.00 from the Tenants A. this deposit is still being held by the Landlord. 1. Interest on the rent deposit is owing to the Tenant for the period from December 1, 2021 to May 23, 2023. 2. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenant is required to pay. 3. 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 $79.35. This amount is calculated as follows: $2,413.62 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-052285-22 is cancelled. 2. The tenancy between the Landlord A. the Tenants is terminated. The Tenants must move out of the rental unit on or before June 3, 2023. 3. If the unit is not vacated on or before June 3, 2023, then starting June 4, 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 June 4, 2023. 5. The Tenants shall pay to the Landlord $17,792.33*(Less any payments made by the Tenants after this application was filed on April 24, 2023). This amount represents the rent owing up to May 23, 2023 A. the cost of filing the previous application, less the rent deposit A. interest the Landlord owes on the rent deposit. 6. The Tenants shall also pay to the Landlord $79.35 per day for compensation for the use of the unit starting May 24, 2023 to the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before June 3, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from June 4, 2023 at 6.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-032943-23 May 23, 2023 ____________________________ Date Issued Vladislav Shustov Member, Landlord A. Tenant Board 2023 ONLTB 37589 (CanLII) 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until June 2, 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 June 2, 2023 the order will be stayed A. 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 December 3, 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-032943-23 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to March 31, 2023 2023 ONLTB 37589 (CanLII) order $15,990.48 New Arrears April 1, 2023 to May 23, 2023 $4,238.67 Less the rent deposit: -$2,385.00 December 1, 2021 to May 23, Less the interest owing on the 2023 -$51.82 rent deposit Plus daily compensation owing for each day of occupation $79.35 (per day) starting May 24, 2023 Total the Tenant must pay the Landlord: $17,792.33 +$79.35 per day starting May 24, 2023 Order Page: 4 of 4