LTB Order LTB-L-004019-23

2023 ONLTB 27760 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: S. v B., 2023 ONLTB 27760 Date: 2023-03-27 File Number: LTB-L-004019-23 In the matter of: UPPER LEVEL, 169 FLAGSTONE WAY NEWMARKET ON L3X2Z7 Between: A.S. Landlord And E.B. Tenants George Obiero Yoga Michelle Swingler Richard B. A.S. (the 'Landlord') applied for an order to terminate the tenancy and evict E.B., George Obiero Yoga, Michelle Swingler and Richard B. (the 'Tenants') and for an order to have the Tenants pay the rent they owe and for an order to have the Tenants pay compensation for damage they owe because the Tenants did not meet a condition specified in the order issued by the LTB on November 16, 2022 with respect to application TNL-21354-19-DN & TNL-21355-19-DN. 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 does 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 9, 2023. Order Page: 1 of 4  File Number: LTB-L-004019-23 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 arrears owing. 4. The Tenants were required to pay $3,550.00 for rent arrears, and the application filing fee 2023 ONLTB 27760 (CanLII) in the previous order. The amount that is still owing from that order is $2,750.00 and that amount is included in this order. This order replaces order TNL-21354-19-DN & TNL21355- 19-DN. 5. Since the date of the previous order, the Tenants have failed to pay the full rent that became owing for the period from January 9, 2023 to April 8, 2023. 6. The previous application includes a request for an order for compensation for damage and the order requires the Tenants to pay an amount for damage. Accordingly, the Landlord is entitled to request an order for compensation for damage. 7. The Tenants were required to pay $3,550.00 for compensation for damage and the application filing fee in the previous order. The amount that is still owing from that order is $2,750.00 and that amount is included in this order. 8. The Landlord collected a rent deposit of $1,690.00 from the Tenants and this deposit is still being held by the Landlord. 9. Interest on the rent deposit is owing to the Tenants for the period from July 9, 2015 to March 27, 2023. 10. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenants are required to pay. 11. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenants moves out of the unit at a daily rate of $58.88. This amount is calculated as follows: $1,791.00 x 12, divided by 365 days. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before April 07, 2023. 2. If the unit is not vacated on or before April 07, 2023, then starting April 08, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. 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 08, 2023. 4. The Tenants shall pay to the Landlord $317.25* less any payments made by the Tenant on or after March 10, 2023. This amount represents the rent owing up to March 27, 2023, and the cost of filing the previous application, less the rent deposit and interest the Landlord owes on the rent deposit. Order Page: 2 of 4  File Number: LTB-L-004019-23 5. The Tenants shall also pay to the Landlord $58.88 per day for compensation for the use of the unit starting March 28, 2023 to the date the Tenants moves out of the unit. 6. If the Tenants do not pay the Landlord the full amount owing on or before April 07, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 8, 2023 at 5.00% annually on the balance outstanding. 2023 ONLTB 27760 (CanLII) March 27, 2023 ____________________________ Date Issued Vladislav Shustov Member, Landlord and Tenants Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until April 06, 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 06, 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 08, 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. 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 order $2,750.00 New Arrears January 9, 2023 to March 27, 2023 -$542.38 New NSF cheque charges and related administration charges $0.00 Order Page: 3 of 4  File Number: LTB-L-004019-23 Less the rent deposit: -$1,690.00 May 01, 2016 to March 27, 2023 ONLTB 27760 (CanLII) Less the interest owing on the 2023 -$200.37 rent deposit Plus daily compensation owing for each day of occupation $58.88 (per day) starting March 28, 2023 Total the Tenants must pay the Landlord: $317.25 +$43.65 per day starting March 28, 2023 Order Page: 4 of 4