LTB Order LTB-L-069030-23

2023 ONLTB 62414 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: RIM Group Limited v M., 2023 ONLTB 62414 Date: 2023-09-22 File Number: LTB-L-069030-23 In the matter of: 205, 1055 VICTORIA PARK AVE TORONTO ON M4B2J8 Between: RIM Group Limited Landlord And M.M. Tenant RIM Group Limited (the 'Landlord') applied for an order to terminate the tenancy and evict M.M. (the 'Tenant') and for an order to have the Tenant pay compensation for damage they owe because the Tenant did not meet a condition specified in the order issued by the LTB on June 26, 2023, with respect to application LTB-L-033741-22. 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 to the Landlord $278.00 on or before August 31, 2023, towards damage. 3. The previous application includes a request for an order for compensation for damage and the order requires the Tenant to pay an amount for damage. Accordingly, the Landlord is entitled to request an order for compensation for damage. Order Page 1 of 4  File Number: LTB-L-069030-23 4. The Tenant was required to pay $278.00 for compensation for damage and the application filing fee in the previous order. The amount that is still owing from that order is $278.00 and that amount is included in this order. This order replaces order LTB-L-033741-22. 5. The Landlord collected a rent deposit of $1,585.00 from the Tenant and this deposit is still being held by the Landlord. 2023 ONLTB 62414 (CanLII) 6. Interest on the rent deposit is owing to the Tenant for the period from October 1, 2021, to September 22, 2023. 7. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenant is required to pay. 8. 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 $53.09. This amount is calculated as follows: $1,614.74 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-033741-22 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 October 3, 2023. 3. If the unit is not vacated on or before October 3, 2023, then starting October 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 October 4, 2023. 5. As of the date of this order, the amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the compensation for damage the Landlord is entitled to by $1,364.78*. 6. However, the Landlord is authorized to deduct the following from the amount the Landlord owes the Tenant: $53.09 per day for compensation for the use of the unit starting September 23, 2023, to the date the Tenant moves out of the unit. 7. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. September 22, 2023 ____________________________ Date Issued Vladislav Shustov Member, Landlord and Tenant Board Order Page 2 of 4  File Number: LTB-L-069030-23 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until October 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 October 2, 2023, the order will be stayed, and the 2023 ONLTB 62414 (CanLII) 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 April 4, 2024, 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-069030-23 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount of compensation for 2023 ONLTB 62414 (CanLII) damages owing from previous $278.00 order Less the rent deposit: -$1,585.00 October 1, 2021, to September Less the interest owing on the 22, 2023 -$57.78 rent deposit Plus, daily compensation owing for each day of occupation $53.09 (per day) starting September 23, 2023 Total the Tenant must pay the Landlord: - $1,364.78 +$53.09 per day starting September 23, 2023 Order Page 4 of 4