LTB Order LTB-L-034205-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 38302 (CanLII) Citation: H&R Property Management Ltd. v F.M., 2023 ONLTB 38302 Date: 2023-05-25 File Number: LTB-L-034205-23 In the matter of: 604, 50 PANORAMA CRT ETOBICOKE ON M9V4A9 Between: H&R Property Management Ltd. Landlord And F.M. Tenants Irene M. On April 27, 2023, H&R Property Management Ltd. (the 'Landlord') applied for an order to terminate the tenancy and evict F.M. and Irene M. (the 'Tenants') and 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 March 17, 2023, with respect to application LTB- L045369-22. 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 and 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 conditions specified in the order: The Tenants failed to pay to the Landlord the lawful monthly rent on or before April 1, 2023. The Tenants also failed to pay to the Landlord $726.26 on or before April 20, 2023, towards arrears of rent. 3. The previous application includes a request for an order for the payment of arrears of rent and the order requires the Tenants to make payments by specific due dates. Accordingly, in Order Page: 1 of 4  File Number: LTB-L-034205-23 addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 4. The Tenants were required to pay $10,949.12 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $9,726.12 and that amount is included in this order. This order replaces order LTB-L-045369-22. 2023 ONLTB 38302 (CanLII) 5. The Landlord collected a rent deposit of $1,178.98 from the Tenants and this deposit is still being held by the Landlord. 6. Interest on the rent deposit is owing to the Tenants for the period from January 1, 2023, to May 25, 2023. 7. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenants are required to pay. 8. 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 $40.21. This amount is calculated as follows: $1,222.93 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-045369-22 is cancelled. 2. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before June 5, 2023. 3. If the unit is not vacated on or before June 5, 2023, then starting June 6, 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 6, 2023. 5. The Tenants shall pay to the Landlord $10,763.61 *(Less any payments made by the Tenants after this application was filed on April 28, 2023). This amount represents the rent owing up to May 25, 2023, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenant shall also pay to the Landlord $40.21 per day for compensation for the use of the unit starting May 26, 2023, to the date the Tenant moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before June 5, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from June 6, 2023, at 6.00% annually on the balance outstanding. May 25, 2023 ____________________________ Date Issued Kimberly Parish Member, Landlord and Tenant Board Order Page: 2 of 4  File Number: LTB-L-034205-23 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until June 4, 2023, to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenants file the motion by June 4, 2023, the order will be stayed, and the LTB will schedule a hearing. 2023 ONLTB 38302 (CanLII) 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 6, 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-034205-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to March 31, 2023 order $9,726.12 2023 ONLTB 38302 (CanLII) New Arrears April 1, 2023, to May 25, 2023 $2,228.18 Less the rent deposit: -$1,178.98 January 1, 2023, to May 25, Less the interest owing on the 2023 -$11.71 rent deposit Plus daily compensation owing for each day of occupation $40.21 (per day) starting May 26, 2023 Total the Tenants must pay the Landlord: $10,763.61 +$40.21 per day starting May 26, 2023 Order Page: 4 of 4