LTB Order LTB-L-007266-23

2023 ONLTB 28098 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Homestead Land Holdings Limited v Smith, 2023 ONLTB 28098 Date: 2023-03-28 File Number: LTB-L-007266-23 In the matter of: 604, 136 Bay Street South Hamilton ON L8P3H5 Between: Homestead Land Holdings Limited Landlord And Tresha Smith Tenant Homestead Land Holdings Limited (the 'Landlord') applied for an order to terminate the tenancy and evict Tresha Smith (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 November 18, 2022 with respect to application LTB-L-023390-22. 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 conditions specified in the order: • The Tenant did not pay the full rent for the month of January, 2023 on or before January 1, 2023; and • The Tenant did not pay $300.00 towards the arrears on or before January 1, 2023. Order Page: 1 of 4  File Number: LTB-L-007266-23 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 $3,486.00 for rent arrears, and the application filing fee in 2023 ONLTB 28098 (CanLII) the previous order. The amount that is still owing from that order is $1,302.40 and that amount is included in this order. This order replaces order LTB-L-023390-22. 5. Since the date of the previous order, the Tenant has failed to pay the full rent that became owing for the period from January 1, 2023 to January 31, 2023. 6. The Landlord collected a rent deposit of $1,450.00 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 December 01, 2020 to March 28, 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 $48.24. This amount is calculated as follows: $1,467.40 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-023390-22 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 08, 2023. 3. If the unit is not vacated on or before April 08, 2023, then starting April 09, 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 09, 2023. 5. The Tenant shall pay to the Landlord $3,444.98* less any payments made by the Tenant on or after January 18, 2023. This amount represents the rent owing up to March 28, 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 $48.24 per day for compensation for the use of the unit starting March 29, 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 April 08, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from April 9, 2023 at 5.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-007266-23 March 28, 2023 ____________________________ Date Issued Kathleen Wells Member, Landlord and Tenant Board 2023 ONLTB 28098 (CanLII) 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until April 07, 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 07, 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 09, 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-007266-23 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to November 30, 2022 2023 ONLTB 28098 (CanLII) order $1,302.40 New Arrears January 1, 2023 to March 28, 2023 $3,618.52 Less the rent deposit: -$1,450.00 December 01, 2020 to March Less the interest owing on the 28, 2023 -$25.94 rent deposit Plus daily compensation owing for each day of occupation $48.24 (per day) starting March 29, 2023 Total the Tenant must pay the Landlord: $3,444.98 +$48.24 per day starting March 29, 2023 Order Page: 4 of 4