LTB Order LTB-L-002320-24

Order under Section 78(6) Residential Tenancies Act, 2006 AMENDED Citation: R. v B., 2024 ONLTB 15172 Date: 2024-04-05 File Number: LTB-L-002320-24-AM In the matter of: 46 Warner Lane Brantford ON N3T0E7 Between: C.R. Landlords Matteo Michael R. And A. 05 2024 L. B. Tenants Corrina Huxter Matthew Teeple This order amends the original order issued on March 1, 2024. All changes to the original order are issued in underlined and bolded script. On January 4, 2024, the Landlords applied for an order to terminate the tenancy and evict L. B., Corrina Huxter and Matthew Teeple (the ‘Tenants’) and for an order to have the Tenants pay the rent the Tenants owe because the Tenants failed to meet a condition specified in the order issued by the Board on July 27, 2023, with respect to application LTB-L- 022317-23. A hearing was held by videoconference on February 20, 2024 to consider this application. Only the Landlord, Matteo Michael R. attended the hearing. As of 9:45 am, the Tenants were not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. The order LTB-L-022317-23 provides that the Landlords can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenants to terminate the tenancy and evict the Tenants if the Tenants do not meet certain conditions in the order. Order Page 1 of 4  File Number: LTB-L-002320-24-AM 2. I find that the Tenants did not meet the following conditions specified in the previous order: a) The Tenants did not pay the Landlords $500.00 on or before the 15th day of December , 2023. b) The Tenants did not pay the lawful monthly rent owing in full and on time on January 1, 2024. 3. The Landlord’s evidence was that the $500.00 payment that was due on December 15, 2023, was not paid to the Landlord and the lawful monthly rent that was due on January 1, 2024 was also not paid to the Landlords.in full and on time. The Tenants made a payment to the Landlords for rent owing on January 1, 2024, in the amount of $600.00 on January 3, 2024 and an additional payment of $1500.00 on January 29, 2024. I therefore find that the Tenants have breached the previous order. 4. The application was filed within 30 days of the breach. 5. The Landlords are not holding a last month rent deposit. The Landlords collected a rent deposit from the Tenants on October 18, 2019, in the amount of $2,000.00 The Landlord testified that the Tenants had requested that the Landlords apply the Last Month Rent Deposit to lawful rent owing on January 1, 2020, which the Landlords did and reflected this on the rent ledger. 6. The lawful monthly rent amount changed to $2,147.80 as of January 1, 2024. 7. The amount of arrears the Tenants owes is $8,845.00, up to February 29, 2024, which represents arrears of rent owing, including the application filing fee from previous order less the interest the Landlords owe the Tenants for the last month rent deposit. 8. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The Landlords were not aware of any circumstances of the Tenants relevant to section 83. The Tenants were not present at the hearing to provide any evidence of such circumstances, and there is otherwise no evidence in the record before me that suggests eviction should be refused or delayed. It is ordered that: 1. The tenancy between the Landlords and Tenants is terminated. The Tenants must move out of the rental unit on or before March 12, 2024. 2. If the unit is not vacated on or before March 12, 2024, then starting March 13, 2024, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page 2 of 4  File Number: LTB-L-002320-24-AM 3. 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 13, 2024. 4. The Tenants shall pay the Landlords $70.61 per day for compensation for the use of the unit starting March 1, 2024, to the date the Tenants move out of the rental unit. 5. The Tenants shall pay to the Landlords $8,845.00. This amount represents the rent owing up to February 29, 2024 and the cost of filing the previous application, less the interest the Landlords owes on the Last Month Rent Deposit 6. If the Tenants do not pay the Landlords the full amount owing on or before March 12, 2024, the Tenants will start to owe interest. This will be simple interest calculated from March 13, 2024 at 7.00% annually on the balance outstanding. March 1, 2024 Date Issued April 5, 2024 _____________________________ Date Amended Trish Carson Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 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 of the Tenant expires on September 13, 2024 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 Table. Order Page 3 of 4  File Number: LTB-L-002320-24-AM SUMMARY OF CALCULATIONS TABLE Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount of arrears owing from previous order plus new $8,852.40 arrears and filing fee Less the Rent Deposit $0.00 Less the interest owing on the From Oct 18, 2019 to December -$7.40 rent deposit 31, 2019 Plus, Daily Compensation owing for each day of occupation starting $ 70.61 per day March 1, 2024 Total the Tenant must pay the Landlord: $8.845.00 + $70.61 per day starting March 1, 2024 Order Page 4 of 4