LTB Order LTB-L-088949-23

2023 ONLTB 75901 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Homestead Land Holdings Limited v Reid, 2023 ONLTB 75901 Date: 2023-11-24 File Number: LTB-L-088949-23 In the matter of: 214, 661 West Street Brantford ON N3R7B7 Between: Homestead Land Holdings Limited Landlord and Udeath Reid Tenant Homestead Land Holdings Limited (the ‘Landlord’) applied for an order to terminate the tenancy and evict Udeath Reid (the ‘Tenant’) and 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, 2023, with respect to application LTB-L-038500-23. 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 conditions specified in the order: The Tenant failed to pay to the Landlord $600.00 towards the arrears, in full, on or before October 25, 2023. Order Page 1 of 4  File Number: LTB-L-088949-23 The Tenant also failed to pay to the Landlord the lawful monthly rent for November 2023, on or before November 1, 2023. 3. The previous application includes a request for an order for the payment of arrears of rent and the order requires the Tenant to make payments by specific due dates. Accordingly, in 2023 ONLTB 75901 (CanLII) addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 4. The Tenant was required to pay $3,561.00 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $3,061.00 and that amount is included in this order. This order replaces order LTB-L-038500-23. 5. The Landlord collected a rent deposit of $1,595.00 from the Tenant and this deposit is still being held by the Landlord. 6. Interest on the rent deposit is owing to the Tenant for the period from September 12, 2022, to November 24, 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 $53.75. This amount is calculated as follows: $1,634.87 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-038500-23 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 December 5, 2023. 3. If the unit is not vacated on or before December 5, 2023, then starting December 6, 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 December 6, 2023. 5. The Tenant shall pay to the Landlord $2,708.04 * (Less any payments made by the Tenant after this application was filed on November 2, 2023). This amount represents the rent owing up to November 24, 2023 and the cost of filing the previous application, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenant shall also pay to the Landlord $53.75 per day for compensation for the use of the unit starting November 25, 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 December 5, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from December 6, 2023, at 7.00% annually on the balance outstanding. Order Page 2 of 4  File Number: LTB-L-088949-23 November 24, 2023 ____________________________ Date Issued Candace Aboussafy Member, Landlord and Tenant Board 2023 ONLTB 75901 (CanLII) 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until December 4, 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 December 4, 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 June 6, 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. Summary of Calculations Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to September 30, 2023 order $3,061.00 New Arrears November 1, 2023, to November 24, 2023 $1,290.00 Less the rent deposit: -$1,595.00 September 12, 2022, Less the interest owing on the to November 24, 2023 -$47.96 rent deposit Plus, daily compensation owing for each day of occupation $53.75 (per day) starting November 25, 2023 Total the Tenant must pay the Landlord: $2,708.04 +$53.75 per day starting November 25, 2023 Order Page 3 of 4 File Number: LTB-L-088949-23 2023 ONLTB 75901 (CanLII) Order Page 4 of 4