LTB Order LTB-L-003663-23

2023 ONLTB 27263 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: N. v C., 2023 ONLTB 27263 Date: 2023-03-22 File Number: LTB-L-003663-23 In the matter of: Basement, 138 ABELL DR BRAMPTON ON L6V2Z8 Between: V.N. Landlord A. L.C.A.R.C. Tenants On January 11, 2023, V.N. (the 'Landlord') applied for an order to terminate the tenancy A. evict L.C.A.R.C. (the 'Tenants’) A. for an order to have the Tenants pay the rent they owe because the Tenants did not meet a condition specified in the order issued by the LTB on December 5, 2022, with respect to application CEL-05097-22-SA. 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 Tenants have not met the following condition specified in the order: The Tenants failed to pay to the Landlord the lawful rent for December 2022 in the amount of $1,125.00 in full on or before December 15, 2022. Order Page: 1 of 4  File Number: LTB-L-003663-23 The Tenants failed to pay to the Landlord the lawful rent for January 2023 in the amount of $1,125.00 in full A. on or before January 1, 2023. 3. The previous application includes a request for an order for the payment of arrears of rent A. the order requires the Tenants to make payments by specific due dates. Accordingly, 2023 ONLTB 27263 (CanLII) in addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 4. The Tenants were required to pay $4,500.00 for rent arrears, A. the application filing fee in the previous order. The amount that is still owing from that order is $4,500.00 A. that amount is included in this order. 5. Since the date of the previous order, the Tenants have failed to pay the full rent that became owing for the period from December 1, 2022, to January 31, 2023. 6. The Landlord collected a rent deposit of $1,125.00 from the Tenants A. this deposit is still being held by the Landlord. 7. Interest on the rent deposit is owing to the Tenant for the period from January 01, 2014, to March 22, 2023. 8. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenants are required to pay. 9. 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 $36.99. This amount is calculated as follows: $1,125.00 x 12, divided by 365 days. It is ordered that: 1. Order CEL-05097-22-SA is cancelled. 2. The tenancy between the Landlord A. the Tenants is terminated. The Tenants must move out of the rental unit on or before April 2, 2023. 3. If the unit is not vacated on or before April 2, 2023, then starting April 3, 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 April 3, 2023. 5. The Tenants shall pay to the Landlord $7,153.45 (Less any payments made by the Tenants after this application was filed on January 11, 2023). This amount represents the rent owing up to March 22, 2023, A. the cost of filling the application, less the rent deposit A. interest the Landlord owes on the rent deposit. 6. The Tenants shall also pay to the Landlord $36.99 per day for compensation for the use of the unit starting March 23, 2023, to the date the Tenants move out of the unit. Order Page: 2 of 4  File Number: LTB-L-003663-23 7. If the Tenants do not pay the Landlord the full amount owing on or before April 2, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from April 3, 2023, at 5.00% annually on the balance outstanding. 2023 ONLTB 27263 (CanLII) March 22, 2023 ____________________________ Date Issued Kimberly Parish Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until April 1, 2023, to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenants file the motion by April 1, 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. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on October 3, 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-003663-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to October 31, 2022 2023 ONLTB 27263 (CanLII) order $4,500.00 New Arrears December 1, 2022, to March 22 , 2023 $3,929.85 Less the rent deposit: -$1,125.00 January 01, 2014, to March Less the interest owing on the 22, 2023 -$151.40 rent deposit Plus daily compensation owing for each day of occupation $36.99 (per day) starting March 23, 2023 Total the Tenants must pay the Landlord: $7,153.45 +$36.99 per day starting March 23, 2023 Order Page: 4 of 4