LTB Order LTB-L-075495-22

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 16946 (CanLII) Citation: R.A.B. Properties Ltd. v B., 2023 ONLTB 16946 Date: 2023-01-30 File Number: LTB-L-075495-22 In the matter of: 1607, 40 Meadowglen Place Toronto ON M1G0A7 Between: R.A.B. Properties Ltd. Landlord And B.A.B. Tenant R.A.B. Properties Ltd. (the 'Landlord') applied for an order to terminate the tenancy and evict B A. B. (the 'Tenant') because the Tenant did not meet a condition specified in the order issued by the LTB on January 26, 2022 with respect to application HOL-10948-21. 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 lawful monthly rent for October 2022 on or before October 1, 2022. 3. The Landlord collected a rent deposit of $1,798.27 from the Tenant and this deposit is still being held by the Landlord. 4. Interest on the rent deposit is owing to the Tenant for the period from January 02, 2020 to January 30, 2023. 5. 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 $59.83. This amount is calculated as follows: $1,819.84 x 12, divided by 365 days. Order Page: 1 of 2  File Number: LTB-L-075495-22 It is ordered that: 1. Order HOL-10948-21 is cancelled. 2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move 2023 ONLTB 16946 (CanLII) out of the rental unit on or before February 10, 2023. 3. If the unit is not vacated on or before February 10, 2023, then starting February 11, 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 February 11, 2023. 5. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. January 30, 2023 ____________________ Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until February 09, 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 February 09, 2023 the order will be stayed and 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 August 11, 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. Order Page: 2 of 2