LTB Order LTB-L-002657-23

2023 ONLTB 27250 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: 332573 Ontario Limited v H., 2023 ONLTB 27250 Date: 2023-03-23 File Number: LTB-L-002657-23 In the matter of: 108, 5 WEMBLY DR ST CATHARINES ON L2P3X1 Between: 332573 Ontario Limited Landlord And I.H. Tenants Melissa Roberts 332573 Ontario Limited (the 'Landlord') applied for an order to terminate the tenancy and evict I. H. and Melissa Roberts (the 'Tenants') and 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 29, 2022 with respect to application SOL-27583-22-SA. 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 Tenants to terminate the tenancy and 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 conditions specified in the order: • The Tenants did not pay the full rent for the month of January, 2023 on or before January 1, 2023; and Order Page: 1 of 4  File Number: LTB-L-002657-23 • The Tenants did not pay $963.00 towards the arrears on or before January 1, 2023. 3. The previous application includes a request for an order for the payment of arrears of rent and 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 2023 ONLTB 27250 (CanLII) arrears owing. 4. The Tenants were required to pay $7,263.50 for rent arrears, and the application filing fee in the previous order. The amount that is still owing from that order is $6,763.50 and that amount is included in this order. This order replaces order SOL-27583-22-SA. 5. Since the date of the previous order, the Tenants have failed to pay the full rent that became owing for the month of January 2023. 6. The Landlord collected a rent deposit of $975.00 from the Tenants and this deposit is still being held by the Landlord. 7. Interest on the rent deposit is owing to the Tenants for the period from May 1, 2016 to March 23, 2023. 8. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenants are required to pay. 9. 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 $34.09. This amount is calculated as follows: $1,037.00 x 12, divided by 365 days. It is ordered that: 1. Order SOL-27583-22-SA is cancelled. 2. The tenancy between the Landlord and the Tenants is terminated. The Tenants 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 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 April 04, 2023. 5. The Tenants shall pay to the Landlord $8,556.20* (less any payments made by the Tenants on or after January 9, 2023). This amount represents the rent owing up to March 23, 2023, and the cost of filling the application, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenants shall also pay to the Landlord $34.09 per day for compensation for the use of the unit starting March 24, 2023 to the date the Tenants move out of the unit. Order Page: 2 of 4  File Number: LTB-L-002657-23 7. If the Tenants do not pay the Landlord the full amount owing on or before April 03, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from April 4, 2023 at 5.00% annually on the balance outstanding. 2023 ONLTB 27250 (CanLII) March 23, 2023 ____________________________ Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have 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 tenants file the motion by April 02, 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. 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-002657-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to November 30, 2022 2023 ONLTB 27250 (CanLII) order $6,763.50 New Arrears January 1, 2023 to March 23, 2023 $2,858.07 Less the rent deposit: -$975.00 May 01, 2016 to March 23, Less the interest owing on the 2023 -$90.37 rent deposit Plus daily compensation owing for each day of occupation $34.09 (per day) starting March 24, 2023 Total the Tenants must pay the Landlord: $8,556.20 +$34.09 per day starting March 24, 2023 Order Page: 4 of 4