LTB Order LTB-L-014996-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 33256 (CanLII) Citation: G. v B., 2023 ONLTB 33256 Date: 2023-04-25 File Number: LTB-L-014996-23 In the matter of: 3, 1010 DUKE ST CAMBRIDGE ON N3H3V3 Between: B.G.A.M.G. L. A. K. B. Tenant On February 23, 2023, B.G.A.M.G. (the 'L.') applied for an order to terminate the tenancy A. evict K. B. (the 'Tenant') A. 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 February 8, 2023 with respect to application LTB-L-036165-22. This application was decided without a hearing being held. Determinations: 1. The order provides that the L. 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 A. 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 $728.26 towards the outstanding filing fee A. arrears in full on or before February 15, 2023. 3. The previous application includes a request for an order for the payment of arrears of rent A. the order requires the Tenant to make payments by specific due dates. Accordingly, in addition to eviction, the L. are entitled to request an order for the payment of arrears owing. 4. The Tenant was required to pay $8,428.26 for rent arrears A. the application filing fee in the previous order. The amount that is still owing from that order is $8,428.26 A. that amount is included in this order. This order replaces order LTB-L-036165-22. Order Page: 1 of 4  File Number: LTB-L-014996-23 5. The L. collected a rent deposit of $919.15 from the Tenant A. this deposit is still being held by the L.. 6. Interest on the rent deposit is owing to the Tenant for the period from January 1, 2023 to April 25, 2023. 2023 ONLTB 33256 (CanLII) 7. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenant is required to pay. 8. The L. are 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 $30.69. This amount is calculated as follows: $933.57 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-036165-22 is cancelled. 2. The tenancy between the L. A. the Tenant is terminated. The Tenant must move out of the rental unit on or before May 6, 2023. 3. If the unit is not vacated on or before May 6, 2023, then starting May 7, 2023, the L. 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 L. on or after May 7, 2023. 5. The Tenant shall pay to the L. $9,202.69* (less any payments made by the Tenant after this application was filed on February 23, 2023). This amount represents the rent owing up to April 25, 2023 A. the cost of filing the previous application, less the rent deposit A. interest the L. owe on the rent deposit. 6. The Tenant shall also pay to the L. $30.69 per day for compensation for the use of the unit starting April 26, 2023 to the date the Tenant moves out of the unit. 7. If the Tenant does not pay the L. the full amount owing on or before May 6, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from May 7, 2023 at 6.00% annually on the balance outstanding. April 25, 2023 ____________________________ Date Issued Kimberly Parish Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 Order Page: 2 of 4  File Number: LTB-L-014996-23 The Tenant has until May 5, 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 May 5, 2023 the order will be stayed A. the LTB will schedule a hearing. 2023 ONLTB 33256 (CanLII) 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 7, 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-014996-23 Summary of Calculation Amount the Tenant must pay the L.: Reason for amount owing Period Amount 2023 ONLTB 33256 (CanLII) Amount owing from previous Up to February 28, 2023 order $8,428.26 New Arrears March 1, 2023 to April 25, 2023 $1,700.82 New NSF cheque charges A. related administration charges $0.00 Less the rent deposit: -$919.15 Less the interest owing on the January 1, 2023 to April -$7.24 rent deposit: 25, 2023 Plus daily compensation owing for each day of occupation $30.69 (per day) starting April 26, 2023 Total the Tenant must pay the L.: $9,202.69+$30.69 per day starting April 26, 2023 Order Page: 4 of 4