Evictly

LTB Order LTB-L-009572-26

Rental unit
20 BRYDEN AVE CORNWALL ON K6H5M5
Landlord
K.G.
Tenant
S.H.
RTA section
s. 78(6)
FEB 06, 2026 Order under Section 78(6) Residential Tenancies Act, 2006 File Number: LTB-L-009572-26 In the matter of: 20 BRYDEN AVE CORNWALL ON K6H5M5 Between: K.G. Landlord And S.H. Tenants Gerald H. K.G. (the 'Landlord') applied for an order to terminate the tenancy and evict S.H. and Gerald H. (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 January 13, 2026, with respect to application LTB-L-088053-25. 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 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 conditions specified in the order: The Tenants failed to pay the lawful monthly rent due by February 1, 2026. The Tenants also failed to pay $200.00 toward rent arrears due by February 1, 2026. 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 $3,061.64 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $3,061.64 and that amount is included in this order. This order replaces order LTB-L-088053-25. 5. Since the date of the previous order, the Tenants have failed to pay the full rent that became owing for the period from February 1, 2026, to February 28, 2026. Order Page 1 of 2 File Number: LTB-L-009572-26 6. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenants move out of the unit at a daily rate of $44.89. This amount is calculated as follows: $1,365.41 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-088053-25 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 February 17, 2026. 3. If the unit is not vacated on or before February 17, 2026, then starting February 18, 2026, 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 February 18, 2026. 5. The Tenants shall pay to the Landlord $3,330.98*. (Less any payments made by the Tenants after this application was filed on February 2, 2026). This amount represents the rent owing up to February 6, 2026, and the cost of filing the previous application. 6. The Tenants shall also pay to the Landlord $44.89 per day for compensation for the use of the unit starting February 7, 2026, to the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before February 17, 2026, the Tenants will start to owe interest. This will be a simple interest calculated from February 18, 2026, at 4.00% annually on the balance outstanding. February 6, 2026 ____________________________ Date Issued Alicia Johnson Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until February 16, 2026, 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 February 16, 2026, 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 August 18, 2026, 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 2 of 3 File Number: LTB-L-009572-26 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to February 28, 2026 order $3,061.64 New Arrears February 1, 2026, to February 6, 2026 $269.34 Plus, daily compensation owing for each day of occupation $44.89 (per day) starting February 7, 2026 Total the Tenants must pay the Landlord: $3,330.98 +$44.89 per day starting February 7, 2026 Order Page 3 of 3