LTB Order LTB-L-079207-22

2023 ONLTB 19396 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Amiraco Properties Inc. v B., 2023 ONLTB 19396 Date: 2023-02-10 File Number: LTB-L-079207-22 In the matter of: 110 Queenston Crescent London ON N5W1N6 Between: Amiraco Properties Inc. Landlord A. M.B.A.M.H. Tenant Amiraco Properties Inc. (the 'Landlord') applied for an order to terminate the tenancy A. evict M.B.A.M.H. (the 'Tenant') A. for an order to have the Tenant pay the rent they owe because the Tenant did not meet a condition specified in the order issued by the LTB on October 6, 2022 with respect to application LTB-L-013969-22. 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 A. 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 did not pay the lawful rent for November 2022 in full on or before November 1, 2022. 3. The previous application includes a request for an order for the payment of arrears of rent A. the order requires the Tenant to make payments by specific due dates. Accordingly, in Order Page: 1 of 4  File Number: LTB-L-079207-22 addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 4. The Tenant was required to pay $8,973.48 for rent arrears, A. the application filing fee in the previous order. The amount that is still owing from that order is $7,922.48 A. that amount is included in this order. This order replaces order LTB-L-013969-22. 2023 ONLTB 19396 (CanLII) 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 $34.46. This amount is calculated as follows: $1,048.26 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-013969-22 is cancelled. 2. The tenancy between the Landlord A. the Tenant is terminated. The Tenant must move out of the rental unit on or before February 21, 2023. 3. If the unit is not vacated on or before February 21, 2023, then starting February 22, 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 22, 2023. 5. The Tenant shall pay to the Landlord $10,363.60* (Less any payments made by the Tenants after this application was filed on November 10, 2022). This amount represents the rent owing up to February 10, 2023, less the rent deposit A. interest the Landlord owes on the rent deposit. 6. The Tenant shall also pay to the Landlord $34.46 per day for compensation for the use of the unit starting February 11, 2023 to the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before February 21, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from February 22, 2023 at 5.00% annually on the balance outstanding. February 10, 2023 ____________________________ Date Issued Vladislav Shustov Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until February 20, 2023 to file a motion with the LTB to set aside the order under Order Page: 2 of 4  File Number: LTB-L-079207-22 s. 78(9) of the Act. If the tenant files the motion by February 20, 2023 the order will be stayed A. 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. 2023 ONLTB 19396 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on August 22, 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-079207-22 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to September 30, 2022 2023 ONLTB 19396 (CanLII) order $7,922.48 New Arrears December 1, 2022 to February 10, 2023 $2,441.12 Plus daily compensation owing for each day of occupation $34.46 (per day) starting February 11, 2023 Total the Tenant must pay the Landlord: $10,363.60 +$34.46 per day starting February 11, 2023 Order Page: 4 of 4