LTB Order LTB-L-004780-23

2023 ONLTB 46226 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Renabelle King v K.L., 2023 ONLTB 46226 Date: 2023-06-23 File Number: LTB-L-004780-23 In the matter of: 1408, 1595 DYER DR LONDON ON N6G0T7 Between: Old Oak Properties Inc. Landlords Renabelle King And K.L. Tenant Old Oak Properties Inc. and Renabelle King (the 'Landlords') applied for an order to terminate the tenancy and evict K.L. (the 'Tenant') and for an order to have the Tenant pay the rent they owe because the Tenant did not meet a condition specified in the order issued by the LTB on December 9, 2022 with respect to application LTB-L-014397-22. This application was directed to a hearing by endorsement dated March 14, 2023. The application was heard by videoconference on April 3, 2023. The second-named Landlord attended the hearing. As of 12:18 p.m., the Tenant was 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: Order Page: 1 of 4  File Number: LTB-L-004780-23 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 Tenant to terminate the tenancy and evict the Tenant if the Tenant does not meet certain condition(s) in the order. This application was filed within 30 days of the breach. 2. I find that the Tenant has not met the following condition(s) specified in the order: 2023 ONLTB 46226 (CanLII) The Tenant failed to make an arrears payment of $751.41 on or before November 15, 2022. The Tenant failed to pay the lawful monthly rent due for December 1, 2022. 3. The previous application includes a request for an order for the payment of arrears of rent and the order requires the Tenant 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 Tenant was required to pay $4,508.44 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $3,005.62 and that amount is included in this order. This order replaces order LTB-L-014397-22. 5. Since the date of the previous order, the Tenant has failed to pay the full rent that became owing for the period from October 1, 2022 to December 31, 2022. 6. The Landlord collected a rent deposit of $1,576.00 from the Tenant and this deposit is still being held by the Landlord. 7. Interest on the rent deposit is owing to the Tenant for the period from April 3, 2021 to June 23, 2023. 8. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenant is required to pay. 9. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenant moves out of the unit at a daily rate of $48.34. This amount is calculated as follows: $1,470.43 x 12, divided by 365 days. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. Order LTB-L-014397-22 is cancelled. 2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before July 4, 2023. Order Page: 2 of 4  File Number: LTB-L-004780-23 3. If the unit is not vacated on or before July 4, 2023, then starting July 5, 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 July 5, 2023. 2023 ONLTB 46226 (CanLII) 5. The Tenant shall pay to the Landlord $13,478.63*(Less any payments made by the Tenant after this application was filed on December 13, 2022). This amount represents the rent owing up to June 23, 2023 and the cost of filing the previous application, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenant shall also pay to the Landlord $48.34 per day for compensation for the use of the unit starting June 24, 2023 to the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before July 4, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from July 5, 2023 at 6.00% annually on the balance outstanding. June 23, 2023 ____________________________ Emile Ramlochan Date Issued Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until July 3, 2023 to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenant files the motion by July 3, 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 January 5, 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. Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Order Page: 3 of 4  File Number: LTB-L-004780-23 Amount owing from previous Up to September 30, 2022 order $3,005.62 New Arrears October 1, 2022 to June 23, 2023 $12,107.65 2023 ONLTB 46226 (CanLII) New NSF cheque charges and related administration charges $0.00 Less the rent deposit: -$1,576.00 April 3, 2021 to June 23, 2023 Less the interest owing on the -$58.64 rent deposit Plus daily compensation owing for each day of occupation $48.34 (per day) starting June 24, 2023 Total the Tenant must pay the Landlord: $13,478.63 +$48.34 per day starting June 24, 2023 Order Page: 4 of 4