LTB Order LTB-L-000222-23

2023 ONLTB 20749 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Old Oak Properties Inc. v E., 2023 ONLTB 20749 Date: 2023-02-16 File Number: LTB-L-000222-23 In the matter of: 5, 1154 Adelaide Street West London Ontario N5Y2N5 Between: Old Oak Properties Inc. A. R. K. L. A. J. E. Tenant Old Oak Properties Inc. A. R. K. (the 'L.') applied for an order to terminate the tenancy A. evict J. E. (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 31, 2022 with respect to application SWL-56622-21. This application was decided without a hearing being held. Determinations: 1. The order provides that the L. 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 $201.06 towards arrears 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-000222-23 addition to eviction, the L. is entitled to request an order for the payment of arrears owing. 4. The Tenant was required to pay $4,201.06 for rent arrears, A. the application filing fee in the previous order. The amount that is still owing from that order is $2,983.32 A. that amount is included in this order. This order replaces order SWL-56622-21. 2023 ONLTB 20749 (CanLII) 5. The L. collected a rent deposit of $1,123.00 from the Tenant A. this deposit is still being held by the L.. 6. Interest on the rent deposit is owing to the Tenant for the period from January 01, 2021 to February 16, 2023. 7. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenant is required to pay. 8. The L. 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 $37.36. This amount is calculated as follows: $1,136.47 x 12, divided by 365 days. It is ordered that: 1. Order SWL-56622-21 is cancelled. 2. The tenancy between the L. A. the Tenant is terminated. The Tenant must move out of the rental unit on or before February 27, 2023. 3. If the unit is not vacated on or before February 27, 2023, then starting February 28, 2023, the L. 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 L. on or after February 28, 2023. 5. The Tenant shall pay to the L. $4,689.46* (Less any payments made by the Tenants after this application was filed on November 16, 2022). This amount represents the rent owing up to February 16, 2023, less the rent deposit A. interest the L. owes on the rent deposit. 6. The Tenant shall also pay to the L. $37.36 per day for compensation for the use of the unit starting February 17, 2023 to the date the Tenant moves out of the unit. 7. If the Tenant does not pay the L. the full amount owing on or before February 27, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from February 28, 2023 at 5.00% annually on the balance outstanding. February 16, 2023 Date Issued Kimberly Parish Member, L. A. Tenant Board Order Page: 2 of 4  File Number: LTB-L-000222-23 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until February 26, 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 February 26, 2023 the order will be stayed A. 2023 ONLTB 20749 (CanLII) 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 August 31, 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-000222-23 Summary of Calculations Amount the Tenant must pay the L.: Reason for amount owing Period Amount Amount owing from previous Up to February 28, 2022 2023 ONLTB 20749 (CanLII) order $2,983.32 New Arrears December 1, 2022 to February 16 , 2023 $2,870.70 Less the rent deposit: -$1,123.00 January 01, 2021 to February Less the interest owing on the 16, 2023 -$41.56 rent deposit Plus daily compensation owing for each day of occupation $37.36 (per day) starting February 17, 2023 Total the Tenant must pay the L.: $4,689.46+$37.36 per day starting February 17, 2023 Order Page: 4 of 4