LTB Order LTB-L-003240-23

2023 ONLTB 24023 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: R. v T., 2023 ONLTB 24023 Date: 2023-03-07 File Number: LTB-L-003240-23 In the matter of: 7428 Petrullo Court Niagara Falls ON L2H2K4 Between: M.R.A.S.R. L. A. C. T. A. T. S. Tenants M.R.A.S.R. (the 'L.') applied for an order to terminate the tenancy A. evict C. T. A. T. S. (the 'Tenants') A. for an order to have the Tenants pay compensation for an unpaid water A. sewer bill they owe because the Tenants did not meet a condition specified in the order issued by the LTB on November 4, 2022 with respect to application SOL-14396-20. This application was decided without a hearing being held. Determinations: 1. The 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 Tenants to terminate the tenancy A. 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 condition specified in the order: The Tenants failed to pay to the L. $62.00 for the water A. sewer bill. Order Page: 1 of 4  File Number: LTB-L-003240-23 3. The previous application includes a request for an order for compensation for the unpaid utility bills A. the order requires the Tenants to pay that amount. Accordingly, the L. are entitled to request an order for compensation. 4. The Tenants were required to pay $62.00 for an outstanding bill A. the application filing fee in the previous order. The amount that is still owing from that order is $62.00 A. that 2023 ONLTB 24023 (CanLII) amount is included in this order. This order replaces order SOL-14396-20. 5. The L. collected a rent deposit of $2,000.00 from the Tenants A. this deposit is still being held by the L.. 6. Interest on the rent deposit is owing to the Tenants for the period from November 9, 2022 to March 7, 2023. 7. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenants is required to pay. 8. The L. are 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 $65.75. This amount is calculated as follows: $2,000.00 x 12, divided by 365 days. It is ordered that: 1. Order SOL-14396-20 is cancelled. 2. The tenancy between the L. A. the Tenants is terminated. The Tenants must move out of the rental unit on or before March 18, 2023. 3. If the unit is not vacated on or before March 18, 2023, then starting March 19, 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 March 19, 2023. 5. As of the date of this order, the amount of the rent deposit A. interest the L. owes on the rent deposit exceeds the compensation for damage the L. are entitled to by $1,950.53*. 6. However, the L. are authorized to deduct the following from the amount the L. owe the Tenants: $65.75 per day for compensation for the use of the unit starting March 8, 2023 to the date the Tenants move out of the unit. 7. The L. or the Tenants shall pay to the other any sum of money that is owed as a result of this order. March 7, 2023 ____________________________ Date Issued Amanda Kovats Member, L. A. Tenants Board Order Page: 2 of 4  File Number: LTB-L-003240-23 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 2023 ONLTB 24023 (CanLII) The Tenants have until March 17, 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 March 17, 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 September 19, 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-003240-23 Summary of Calculation Amount the Tenants must pay the L.: Reason for amount owing Period Amount 2023 ONLTB 24023 (CanLII) Amount of compensation for $62.00 damages owing from previous order Less the rent deposit: -$2,000.00 Less the interest owing on the November 9, 2022 to March 7, -$12.53 rent deposit 2023 Plus daily compensation owing for each day of occupation $65.75 (per day) starting March 8, 2023 Total the Tenants must pay the L.: - $1,950.53 +$65.75 per day starting March 8, 2023 Order Page: 4 of 4