LTB Order LTB-L-004544-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 27779 (CanLII) Citation: 10271454 ONTARIO INCORPORATED v H., 2023 ONLTB 27779 Date: 2023-03-27 File Number: LTB-L-004544-23 In the matter of: UNIT 5, 574 ADELAIDE ST N LONDON ON N6B3J8 Between: 10271454 ONTARIO INCORPORATED Landlord And E.H. Tenants Johnathan Ostagaard Terry Benuchemin 10271454 ONTARIO INCORPORATED (the 'Landlord') applied for an order to terminate the tenancy and evict E.H., Johnathan Ostagaard and Terry Benuchemin (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 April 14, 2022 with respect to application SWL-57162-21. This application was decided without a hearing being held. Determinations: 1. The previous 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 condition specified in the order: The Tenant failed to pay January 2023 lawful rent on 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 arrears owing. 4. The Tenants was required to pay $4,167.04 for rent arrears, and the application filing fee in the previous order. The amount that is still owing from that order is $2,167.04 and that amount is included in this order. Order Page: 1 of 4  File Number: LTB-L-004544-23 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 1, 2023 to January 31, 2023. 6. 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 $32.33. This amount is calculated 2023 ONLTB 27779 (CanLII) as follows: $983.38 x 12, divided by 365 days. It is ordered that: 1. Order SWL-57162-21 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 07, 2023. 3. 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. 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 08, 2023. 5. The Tenants shall pay to the Landlord $2,167.04 (less any amounts paid to the Landlord after the declaration made in support of this application was made on January 13, 2023). This amount represents the rent owing up to March 27, 2023, and the cost of filling the previous application. 6. The Tenants shall also pay to the Landlord $32.33 per day for compensation for the use of the unit starting March 28, 2023 to the date the Tenants moves out of the unit. 7. 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 a simple interest calculated from April 8, 2023 at 5.00% annually on the balance outstanding. 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 files 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. Order Page: 2 of 4  File Number: LTB-L-004544-23 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 have not been filed on or before this date with the Court Enforcement Office (Sheriff) that have territorial jurisdiction where the rental unit is located. * Refer to the attached Summary of Calculations. 2023 ONLTB 27779 (CanLII) Order Page: 3 of 4  File Number: LTB-L-004544-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 27779 (CanLII) Amount owing from previous Up to March 31, 2022 order $2,167.04 New Arrears to March 27, 2023 $00.00 Plus daily compensation owing for each day of occupation $32.33 (per day) starting March 28, 2023 Total the Tenants must pay the Landlord: $2,167.04 +$32.33 per day starting March 28, 2023 Order Page: 4 of 4