Eviction — Landlord own use · Toronto · LTB-L-045505-22-RV

This Landlord application — Eviction — Landlord own use — was granted.

it is ordered that”, the final order states: The Tenants shall pay to the Landlord $24,815.34, which represents compensation for the use of the unit from November 1, 2022 to January 18, 2024, less any monies already paid to the Landlord. [emphasis added] 6. As the hearing member found that the tenancy terminated, the hearing member’s finding to award daily compensation from the date of termination was not capricious. However, I listened to the hearing recording and the Landlord’s legal representative indicated that the Tenants were only in arrears for January 2024 rent. 7. That said, I do not find that paragraph 4 is a serious error. This is because the hearing member made it clear that any amounts paid by the Tenants would be subtracted by the daily compensation amount. In other words, if the Tenants paid all of the rent owed since the termination date in the N12 Notice, that is subtracted from the $24,815.34 amount. A finding that this is a factual error would not change the result. 8. The Tenants state that the daily compensation amount is incorrect. I do not find that it is. Daily compensation is calculated based on the lawful monthly rent. As per paragraph 40 of the final order, this amount is calculated by multiplying the lawful monthly rent by 12 and divided by 365 days. This amount equals to $55.89 per day, as stated in the final order. 9. The Tenants also state that the issue of the last month’s rent deposit was not addressed. In paragraph 41 and 42 of the final order, the hearing member determined that there was a last month’s rent deposit and the last month’s ren...