LTB Order LTB-L-001575-23

2023 ONLTB 27103 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: V. v G., 2023 ONLTB 27103 Date: 2023-03-22 File Number: LTB-L-001575-23 In the matter of: 2nd Floor Back Room (2B), 104B EASTCHESTER AVE ST CATHARINES ON L2P2Z1 Between: H.V.A.K.V. L. A. N. G. Tenant H.V.A.K.V. (the 'L.') applied for an order to terminate the tenancy A. evict N. G. (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 19, 2022 with respect to application LTB-L-018707-22. This application was decided without a hearing being held. Determinations: 1. The previous 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 conditions specified in the order: The Tenant failed to pay $150.00 representing arrears on 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 Tenant to make payments by specific due dates. Accordingly, in addition to eviction, the L. are entitled to request an order for the payment of arrears owing. Order Page: 1 of 4  File Number: LTB-L-001575-23 4. The Tenant was required to pay $1,236.00 for rent arrears, A. the application filing fee in the previous order. The amount that is still owing from that order is $1,116.00 A. that amount is included in this order. 5. Since the date of the previous order, the Tenant has failed to pay the full rent that became owing for the period from November 1, 2022 to March 22, 2023 . 2023 ONLTB 27103 (CanLII) 6. The L. collected a rent deposit of $525.00 from the Tenant 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 December 01, 2021 to March 22, 2023. 8. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenant is required to pay. 9. The L. are 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 $17.26. This amount is calculated as follows: $525.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-018707-22 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 April 02, 2023. 3. If the unit is not vacated on or before April 02, 2023, then starting April 03, 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 April 03, 2023. 5. The Tenant shall pay to the L. $583.10 (less any amounts paid to the L. after the declaration was made in support of this application was made on January 6, 2023.). This amount represents the rent owing up to March 22, 2023 ,[ the cost of filling the previous application, less the rent deposit A. interest the L. owe on the rent deposit. 6. The Tenant shall also pay to the L. $17.26 per day for compensation for the use of the unit starting March 23, 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 April 02, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from April 3, 2023 at 5.00% annually on the balance outstanding. March 22, 2023 Lynn Mitchell Date Issued Member, Landlord A. Tenant Board Order Page: 2 of 4  File Number: LTB-L-001575-23 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 2023 ONLTB 27103 (CanLII) The Tenant has until April 01, 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 April 01, 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 03, 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-001575-23 Summary of Calculation 2023 ONLTB 27103 (CanLII) Order Page: 4 of 4