LTB Order LTB-L-001928-23

2023 ONLTB 27454 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: M. v P., 2023 ONLTB 27454 Date: 2023-03-23 File Number: LTB-L-001928-23 In the matter of: 94 CHERRY HILL DR KITCHENER ON N2E1N6 Between: K.M.A.K.M. L. A. S. P. Tenant K.M.A.K.M. (the 'L.') applied for an order to terminate the tenancy A. evict S. P. (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 September 13, 2022, with respect to application LTB-L-004963-22. 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 Tenant if the Tenant does not meet certain condition(s) in the order. This application was filed within 30 days of the breach. 1. I find that the Tenant has not met the following condition specified in the order: The Tenant failed to pay to the L. the lawful rent of $1,530.00 in full A. on time, on or before January 1, 2023. 2. 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-001928-23 addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 3. The Tenant was required to pay $6,405.00 for rent arrears, A. the application filing fee in 2023 ONLTB 27454 (CanLII) the previous order. The amount that is still owing from that order is $5,705.00 A. that amount is included in this order. 4. 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 January 1, 2023. 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 $50.30. This amount is calculated as follows: $1,530.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-004963-22 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 03, 2023. 3. If the unit is not vacated on or before April 03, 2023, then starting April 04, 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 04, 2023. 5. The Tenant shall pay to the L. $12,981.90 (Less any payments made by the Tenant after this application was filed on January 6, 2023. This amount represents the rent owing up to March 23, 2023, A. the cost of filling the application. 6. The Tenant shall also pay to the L. $50.30 per day for compensation for the use of the unit starting March 24, 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 03, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from April 4, 2023, at 5.00% annually on the balance outstanding. March 23, 2023 ____________________________ Date Issued Lynn Mitchell Member, Landlord A. Tenant Board Order Page: 2 of 4  File Number: LTB-L-001928-23 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 2023 ONLTB 27454 (CanLII) The Tenant has until April 02, 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 02, 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 04, 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-001928-23 2023 ONLTB 27454 (CanLII) Summary of Calculation Amount the Tenant must pay the L.: Reason for amount owing Period Amount Amount owing from previous Up to August 31, 2022 order $5,705.00 New Arrears November 1, 2022, to March 23, 2023 $7,276.90 Plus daily compensation owing for each day of occupation $50.30 (per day) starting March 24, 2023 Total the Tenant must pay the L.: $12,981.90 +$50.30 per day starting March 24, 2023 Order Page: 4 of 4