LTB Order LTB-L-014644-23

2023 ONLTB 32382 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Capreit Limited Partnership v R., 2023 ONLTB 32382 Date: 2023-04-20 File Number: LTB-L-014644-23 In the matter of: 410, 6 PARK VISTA TORONTO ON M4B1A2 Between: Capreit Limited Partnership Landlord And Z.R. Tenants Zoltanne R. Capreit Limited Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict Z.R. and Zoltanne R. (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 9, 2023, with respect to application LTB-L-024661-22. 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 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 condition(s) specified in the order: The Tenants failed to pay the full $2,578.72 towards arrears on or before January 31, 2023. The Tenants failed to pay to the Landlord the lawful rent in full and on time, on or before February 1, 2023 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. Order Page: 1 of 4  File Number: LTB-L-014644-23 4. The Tenants were required to pay $13,158.32 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $13,158.32 and that amount is included in this order. 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, 2023, to February 28, 2023. 2023 ONLTB 32382 (CanLII) 6. The Landlord collected a rent deposit of $1,578.72 from the Tenants and this deposit is still being held by the Landlord. 7. Interest on the rent deposit is owing to the Tenants for the period from July 9, 2021, to April 20, 2023. 8. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenants are required to pay. 9. 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 $51.90. This amount is calculated as follows: $1,578.72 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-024661-22 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 May 1, 2023. 3. If the unit is not vacated on or before May 1, 2023, then starting May 2, 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 May 2, 2023. 5. The Tenants shall pay to the Landlord $15,744.20 (Less any payments made by the Tenants after this application was filed on February 15, 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 Landlord owes on the rent deposit. 6. The Tenants shall also pay to the Landlord $51.90 per day for compensation for the use of the unit starting April 21, 2023, 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 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. April 20, 2023 ___________________________ Date Issued Ian Speers Associate Chair, Landlord and Tenant Board Order Page: 2 of 4  File Number: LTB-L-014644-23 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 tenant files the motion by April 30, 2023, the order will be stayed and the 2023 ONLTB 32382 (CanLII) 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-014644-23 Summary of Calculation 2023 ONLTB 32382 (CanLII) Order Page: 4 of 4