LTB Order LTB-L-000875-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 21024 (CanLII) Citation: P. v S., 2023 ONLTB 21024 Date: 2023-02-17 File Number: LTB-L-000875-23 In the matter of: B, 451 Chapman Mills Drive Ottawa ON K2J5P4 Between: G.P. Landlords Katherine P. And S.S. Tenant G.P. and Katherine P. (the 'Landlords') applied for an order to terminate the tenancy and evict S.S. (the 'Tenant') and 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 August 26, 2022 with respect to application LTB-L-006050-22. This application was decided without a hearing being held. Determinations: 1. The order provides that the Landlords 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 condition specified in the order: The Tenant failed to pay the monthly rent on or before November 1, 2022. The Tenant also failed to pay $340.00 towards the arrears on or before November 15, 2022. 3. The previous application includes a request for an order for the payment of arrears of rent and the order requires the Tenant to make payments by specific due dates. Accordingly, in addition to eviction, the Landlords is entitled to request an order for the payment of arrears owing. Order Page: 1 of 4  File Number: LTB-L-000875-23 4. The Tenant was required to pay $6,026.00 for rent arrears, and the application filing fee in the previous order. The amount that is still owing from that order is $3,346.00 and that amount is included in this order. 5. The Landlords collected a rent deposit of $1,690.00 from the Tenant and this deposit is still 2023 ONLTB 21024 (CanLII) being held by the Landlords. 6. Interest on the rent deposit is owing to the Tenant for the period from September 01, 2021 to February 17, 2023. 7. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenant is required to pay. 8. The Landlords 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 $55.56. This amount is calculated as follows: $1,690.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-006050-22 is cancelled. 2. The tenancy between the Landlords and the Tenant is terminated. The Tenant must move out of the rental unit on or before February 28, 2023. 3. If the unit is not vacated on or before February 28, 2023, then starting March 01, 2023, the Landlords 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 Landlords on or after March 01, 2023. 5. The Tenant shall pay to the Landlords $5,968.18*(Less any payments made by the Tenant after this application was filed on November 20, 2022). This amount represents the rent owing up to February 17, 2023, and the cost of filling the application, less the rent deposit and interest the Landlords owe on the rent deposit. 6. The Tenant shall also pay to the Landlords $55.56 per day for compensation for the use of the unit starting February 18, 2023 to the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlords the full amount owing on or before February 28, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from March 1, 2023 at 5.00% annually on the balance outstanding. February 17, 2023 Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 Order Page: 2 of 4  File Number: LTB-L-000875-23 The Tenant has until February 27, 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 27, 2023 the order will be stayed and 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 21024 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on September 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. * Refer to the attached Summary of Calculations. Order Page: 3 of 4  File Number: LTB-L-000875-23 Summary of Calculations Amount the Tenant must pay the Landlords: Reason for amount owing Period Amount 2023 ONLTB 21024 (CanLII) Amount owing from previous Up to August 31, 2022 order $3,346.00 New Arrears December 1, 2022 to February 17, 2023 $4,324.52 Less the rent deposit: -$1,690.00 September 01, Less the interest owing on the 2021 to February 17, 2023 -$12.34 rent deposit Plus daily compensation owing for each day of occupation $55.56 (per day) starting February 18, 2023 Total the Tenant must pay the Landlords: $5,968.18 +$55.56 per day starting February 18, 2023 Order Page: 4 of 4