LTB Order LTB-L-000154-23

2023 ONLTB 26469 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: L. v F., 2023 ONLTB 26469 Date: 2023-03-20 File Number: LTB-L-000154-23 In the matter of: B, 4496 STE. CATHERINE ST ST. ISIDORE ON. K0C2B0 Between: S.L. Landlord And R.F. Tenant S.L. (the 'Landlord') applied for an order to terminate the tenancy and evict R. F. (the 'Tenant') and for an order to have the Tenant pay compensation for damage they owe because the Tenant did not meet a condition specified in the order issued by the LTB on November 15, 2022 with respect to application . This application was decided without a hearing being held. Determinations: 1. The previous 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 declutter the rental unit to a state of ordinary cleanliness by December 16, 2022. 3. The previous application includes a request for an order for compensation for damage and the order requires the Tenant to pay an amount for damage. Accordingly, the Landlord is entitled to request an order for compensation for damage. Order Page: 1 of 3  4. The Tenant was required to pay $786.00 for compensation for damage and the application filing fee in the previous order. The amount that is still owing from that order is $786.00 and that amount is included in this order. 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 $28.60. This amount is calculated as follows: $870.00 x 12, divided by 365 days. 2023 ONLTB 26469 (CanLII) File Number: LTB-L-000154-23 It is ordered that: 1. Previous order 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 March 31, 2023. 3. If the unit is not vacated on or before March 31, 2023, then starting April 01, 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 01, 2023. 5. The Tenant shall pay to the Landlord $786.00*. This amount represents the unpaid compensation for damage. 6. The Tenant shall also pay to the Landlord $28.60 per day for compensation for the use of the unit starting March 21, 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 March 31, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from April 1, 2023 at 5.00% annually on the balance outstanding. March 20, 2023 ____________________________ Date Issued Vladislav Shustov Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until March 30, 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 March 30, 2023 the order will be stayed and the LTB will schedule a hearing. Order Page: 2 of 3 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 01, 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. 2023 ONLTB 26469 (CanLII) * Refer to the attached Summary of Calculations. File Number: LTB-L-000154-23 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount of compensation for damages owing from previous $786.00 order Plus daily compensation owing for each day of occupation $0.00 (per day) starting March 21, 2023 Total the Tenant must pay the Landlord: $786.00 +$28.60 per day starting March 31, 2023 Order Page: 3 of 3