LTB Order LTB-L-000525-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 21969 (CanLII) Citation: 1715-1741 Eglinton Avenue West Inc. v W., 2023 ONLTB 21969 Date: 2023-02-23 File Number: LTB-L-000525-23 In the matter of: Upper Level, 1739 EGLINTON AVE W YORK ON M6E2H4 Between: 1715-1741 Eglinton Avenue West Inc. Landlord A. C.T.A.D.W. Tenants 1715-1741 Eglinton Avenue West Inc. (the 'Landlord') applied for an order to terminate the tenancy A. evict C.T.A.D.W. (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 November 16, 2022 with respect to application LTB-L-021597-22. 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 Tenants if the Tenants do 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 did not pay $1,700.00 towards arrears in full on or before November 11, 2022. 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, 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 $12,864.46 for rent arrears, A. the application filing fee in the previous order. The amount that is still owing from that order is $11,364.46 A. that amount is included in this order. This order replaces order LTB-L-021597-22. Order Page: 1 of 4  File Number: LTB-L-000525-23 5. The Landlord collected a rent deposit of $2,400.00 from the Tenants A. this deposit is still being held by the Landlord. 6. Interest on the rent deposit is owing to the Tenants for the period from April 01, 2021 to February 23, 2023. 2023 ONLTB 21969 (CanLII) 7. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenants are required to pay. 8. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenants move out of the unit at a daily rate of $79.85. This amount is calculated as follows: $2,428.80 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-021597-22 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 March 06, 2023. 3. If the unit is not vacated on or before March 06, 2023, then starting March 07, 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 March 07, 2023. 5. The Tenants shall pay to the Landlord $15,569.80* (Less any payments made by the Tenants after this application was filed on November 18, 2022). This amount represents the rent owing up to February 23, 2023, less the rent deposit A. interest the Landlord owes on the rent deposit. 6. The Tenants shall also pay to the Landlord $79.85 per day for compensation for the use of the unit starting February 24, 2023 to the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before March 06, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from March 7, 2023 at 5.00% annually on the balance outstanding. February 23, 2023 _________________________ Date Issued Kimberly Parish Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 Order Page: 2 of 4  File Number: LTB-L-000525-23 The Tenants have until March 05, 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 March 05, 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. 2023 ONLTB 21969 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on September 07, 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-000525-23 Summary of Calculations Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 21969 (CanLII) Amount owing from previous Up to November 30, 2022 order $11,364.46 New Arrears December 1, 2022 to February 23, 2023 $6,694.15 Less the rent deposit: -$2,400.00 April 01, 2021 to February 23, Less the interest owing on the 2023 -$88.81 rent deposit Plus daily compensation owing for each day of occupation $79.85 (per day) starting February 24, 2023 Total the Tenant must pay the Landlord: $15,569.80 +$79.85 per day starting February 24, 2023 Order Page: 4 of 4