LTB Order LTB-L-006697-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 27807 (CanLII) Citation: Sifton Properties Limited v V., 2023 ONLTB 27807 Date: 2023-03-27 File Number: LTB-L-006697-23 In the matter of: G, 170 DUNSDON ST BRANTFORD ON N3R6T3 Between: Sifton Properties Limited Landlord And M.J.V. Tenant Sifton Properties Limited (the 'Landlord') applied for an order to terminate the tenancy and evict M.J.V. (the 'Tenant') and for an order to have the Tenant pay compensation for damage they owe because the Tenant did not meet a condition specified in the order issued by the LTB on November 17, 2022 with respect to application LTB-L-026451-22. 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 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 specified in the order: The Tenant failed to pay $500.00 representing damages on January 1, 2023. 3. The previous application includes a request for an order for compensation for damage and the order requires the Tenant to pay an amount for damage. Accordingly, the Landlord is entitled to request an order for compensation for damage. 4. The Tenant was required to pay $4,176.48 for compensation for damage and the application filing fee in the previous order. The amount that is still owing from that order is $2,626.48 and that amount is included in this order. 5. The Landlord collected a rent deposit of $1,283.03 from the Tenant and this deposit is still being held by the Landlord. 6. Interest on the rent deposit is owing to the Tenant for the period from January 01, 2023 to March 27, 2023. Order Page: 1 of 4  File Number: LTB-L-006697-23 7. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenant is required to pay. 8. 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 $42.18. This amount is calculated 2023 ONLTB 27807 (CanLII) as follows: $1,283.03 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-026451-22 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 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 tenant shall pay to the landlord $1,319.78 (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 damages 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. 6. The Landlord is authorized to deduct the following from the amount the Landlord owes the Tenant: $42.18 per day for compensate on for the use of the unit starting March 28, 2023 to the date the Tenant moves out of the unit. 7. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. March 27, 2023 Date Issued Vladislav Shustov Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has 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 tenant 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-006697-23 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 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. 2023 ONLTB 27807 (CanLII) Order Page: 3 of 4  File Number: LTB-L-006697-23 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 27807 (CanLII) Amount of compensation for damages owing from previous $2,626.48 order Less the rent deposit: -$1,283.03 January 01, 2023 to March 27, Less the interest owing on the 2023 -$23.67 rent deposit Plus daily compensation owing for each day of occupation $42.18 (per day) starting March 28, 2023 Total the Tenant must pay the Landlord: $1,319.78 +$42.18 per day starting March 28, 2023 Order Page: 4 of 4