LTB Order LTB-L-069507-23

2023 ONLTB 62425 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Amelin Property Management v De L., 2023 ONLTB 62425 Date: 2023-09-21 File Number: LTB-L-069507-23 In the matter of: 1, 21 MEADOWBROOK RD NORTH YORK ON M6B2S3 Between: Amelin Property Management Landlord A. E.D.L.A.V.M. Tenants Amelin Property Management (the 'Landlord') applied for an order to terminate the tenancy A. evict E.D.L.A.V.M. (the 'Tenants') A. for an order to have the Tenants pay compensation for damage they owe because the Tenants did not meet a condition specified in the order issued by the LTB on August 4, 2023 with respect to application LTB-L-067757-22. 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 does not meet certain condition(s) in the order. This application was filed within 30 days of the breach. 2. I find that the Tenants has not met the following condition specified in the order: The tenant failed to pay the lawful rent of $1315.60 on or before September 1st, 2023. 3. The previous application includes a request for an order for compensation for damage A. the order requires the Tenants to pay an amount for damage. Accordingly, the Landlord is entitled to request an order for compensation for damage. 4. The Tenants was required to pay $1,315.60 for compensation for damage A. the application filing fee in the previous order. The amount that is still owing from that order is Order Page 1 of 4  File Number: LTB-L-069507-23 $1,315.60 A. that amount is included in this order. This order replaces order LTB- L067757-22. 5. The Landlord collected a rent deposit of $1,315.60 from the Tenants A. this deposit is still being held by the Landlord. 2023 ONLTB 62425 (CanLII) 6. Interest on the rent deposit is owing to the Tenants for the period from January 1, 2023 to September 21, 2023. 7. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenants is required to pay. 8. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenants moves out of the unit at a daily rate of $43.25. This amount is calculated as follows: $1,315.60 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-067757-22 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 October 2, 2023. 3. If the unit is not vacated on or before October 2, 2023, then starting October 3, 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 3, 2023. 5. As of the date of this order, the amount of the rent deposit A. interest the Landlord owes on the rent deposit exceeds the compensation for damage A. the cost of filing the previous application the Landlord is entitled to by $23.79*. 6. However, the Landlord is authorized to deduct the following from the amount the Landlord owes the Tenants: $43.25 per day for compensation for the use of the unit starting September 22, 2023 to the date the Tenants moves out of the unit. 7. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. ____________________________ September 21, 2023 Date Issued Vladislav Shustov Member, Landlord A. Tenants Board 15 Grosvenor Street, Ground Floor, Order Page 2 of 4  File Number: LTB-L-069507-23 Toronto ON M7A 2G6 The Tenants has until October 1, 2023 to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the Tenants files the motion by October 1, 2023 the order will be stayed A. the LTB will schedule a hearing. 2023 ONLTB 62425 (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 April 3, 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-069507-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount Amount of compensation for 2023 ONLTB 62425 (CanLII) damages owing from previous $1,315.60 order Less the rent deposit: -$1,315.60 January 1, 2023 to September Less the interest owing on the 21, 2023 -$23.79 rent deposit Plus daily compensation owing for each day of occupation $43.25 (per day) starting September 22, 2023 Total the Tenants must pay the Landlord: - $23.79 +$43.25 per day starting September 22, 2023 Order Page 4 of 4