LTB Order LTB-L-073469-22

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 14850 (CanLII) Citation: S.A.H.I.T.P. v Tolochand, 2023 ONLTB 14850 Date: 2023-01-13 File Number: LTB-L-073469-22 In T. matter of: 3, 110 STANLEY AVE ETOBICOKE ON M8V1N9 Between: S.A.H.I.T.P. Landlord A. Gobin Tolochand Tenant S.A.H.I.T.P. (T. 'Landlord') applied for an order to terminate T. tenancy A. evict Gobin Tolochand (T. 'Tenant') because T. Tenant did not meet a condition specified in T. order issued by T. LTB on August 26, 2022 with respect to application LTB-L-012750-22. This application was decided without a hearing being held. Determinations: 1. T. order provides that T. Landlord can apply to T. LTB under section 78 of T. Residential Tenancies Act, 2006 (T. 'Act') without notice to T. Tenant to terminate T. tenancy A. evict T. Tenant if T. Tenant does not meet certain condition(s) in T. order. This application was filed within 30 days of T. breach. 2. I find that T. Tenant has not met T. following condition specified in T. order: T. Tenant failed to pay $150.00 towards compensation for damage on or before October 15, 2022. 3. T. previous application includes a request for an order for compensation for damage A. T. order requires T. Tenant to pay an amount for damage. Accordingly, T. Landlord is entitled to request an order for compensation for damage. 4. T. Tenant was required to pay $2,135.21 for compensation for damage A. T. application filing fee in T. previous order. T. amount that is still owing from that order is $2,135.21 A. that amount is included in this order. 5. T. Landlord is entitled to daily compensation from T. day after this order is issued to T. date T. Tenant moves out of T. unit at a daily rate of $16.34. This amount is calculated as follows: $497.00 x 12, divided by 365 days. Order Page: 1 of 2  File Number: LTB-L-073469-22 It is ordered that: 1. Order LTB-L-012750-22 is cancelled. 2. T. tenancy between T. Landlord A. T. Tenant is terminated. T. Tenant must move 2023 ONLTB 14850 (CanLII) out of T. rental unit on or before January 24, 2023. 3. If T. unit is not vacated on or before January 24, 2023, then starting January 25, 2023, T. Landlord may file this order with T. Court Enforcement Office (Sheriff) so that T. eviction may be enforced. 4. Upon receipt of this order, T. Court Enforcement Office (Sheriff) is directed to give vacant possession of T. unit to T. Landlord on or after January 25, 2023. 5. T. Tenant shall pay to T. Landlord $2,135.21(Less any payments made by T. Tenants after this application was filed on October 19, 2022). This amount represents T. unpaid compensation for damage. 6. T. Tenant shall also pay to T. Landlord $16.34 per day for compensation for T. use of T. unit starting January 14, 2023 to T. date T. Tenant moves out of T. unit. 7. If T. Tenant does not pay T. Landlord T. full amount owing on or before January 24, 2023, T. Tenant will start to owe interest. This will be a simple interest calculated from January 25, 2023 at 5.00% annually on T. balance outstanding. January 13, 2023 Date Issued Ian Speers Associate Chair, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 T. Tenant has until January 23, 2023 to file a motion with T. LTB to set aside T. order under s. 78(9) of T. Act. If T. tenant files T. motion by January 23, 2023 T. order will be stayed A. T. 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 T. Act, T. part of this order relating to T. eviction expires on July 25, 2023 if T. order has not been filed on or before this date with T. Court Enforcement Office (Sheriff) that has territorial jurisdiction where T. rental unit is located. Order Page: 2 of 2