LTB Order LTB-L-013189-23

2023 ONLTB 32341 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Xu Lin v Chantel Papp-Samuels, 2023 ONLTB 32341 Date: 2023-04-20 File Number: LTB-L-013189-23 In the matter of: 109 SOUTH CREEK DR KITCHENER ON N2P0H2 Between: F.W. Landlords Xu Lin And A.I. Tenants Chantel Papp-Samuels On February 12, 2023, F.W. and Xu Lin (the 'Landlords') applied for an order to terminate the tenancy and evict A.I. and Chantel Papp-Samuels (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 11, 2023, with respect to application LTB-L-024805-22. This application was decided without a hearing being held. Determinations: 1. The order provides that the Landlords 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: Order Page: 1 of 4  File Number: LTB-L-013189-23 The Tenants failed to pay to the Landlords $5,736.00 on or before January 29, 2023, towards arrears o f rent. The Tenants paid $5,350.00. The Tenants also failed to pay to the Landlords the lawful rent on or before February 1, 2023. 2023 ONLTB 32341 (CanLII) 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 Landlords are entitled to request an order for the payment of arrears owing. 4. The Tenants were required to pay $7,586.00 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $2,236.00 and that amount is included in this order. This order replaces order LTB-L-024805-22. 5. The Landlords collected a rent deposit of $1,850.00 from the Tenants and this deposit is still being held by the Landlords. 6. Interest on the rent deposit is owing to the Tenants for the period from October 6, 2021, to April 20, 2023. 7. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenants are required to pay. 8. The Landlords are 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 $60.82. This amount is calculated as follows: $1,850.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-024805-22 is cancelled. 2. The tenancy between the Landlords and the Tenants is terminated. The Tenants must move out of the rental unit on or before May 1, 2023. 3. If the unit is not vacated on or before May 1, 2023, then starting May 2, 2023, the Landlords 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 Landlords on or after May 2, 2023. 5. The Tenants shall pay to the Landlord $5,266.26 *(Less any payments made by the Tenants after this application was filed on February 12, 2023). This amount represents the rent owing up to April 20, 2023, and the cost of filing the previous application, less the rent deposit and interest the Landlords owe on the rent deposit. 6. The Tenants shall also pay to the Landlords $60.82 per day for compensation for the use of the unit starting April 21, 2023, to the date the Tenants moves out of the unit. Order Page: 2 of 4  File Number: LTB-L-013189-23 7. If the Tenants do not pay the Landlord the full amount owing on or before May 1, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from May 2, 2023, at 6.00% annually on the balance outstanding. \ 2023 ONLTB 32341 (CanLII) April 20, 2023 ____________________________ Date Issued Michael Di Salle Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until April 30, 2023, 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 April 30, 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 November 2, 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-013189-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to January 31, 2023 2023 ONLTB 32341 (CanLII) order $2,236.00 New Arrears February 1, 2023, to April 20, 2023 $4,916.40 Less the rent deposit: -$1,850.00 October 6, 2021, to April 20, Less the interest owing on the 2023 -$36.14 rent deposit Plus daily compensation owing for each day of occupation $60.82 (per day) starting April 21, 2023 Total the Tenants must pay the Landlord: $5,266.26 +$60.82 per day starting April 21, 2023 Order Page: 4 of 4