LTB Order LTB-L-017812-23

2023 ONLTB 33948 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: 2416698 Ontario Inc. v Choppick-keans, 2023 ONLTB 33948 Date: 2023-04-28 File Number: LTB-L-017812-23 In the matter of: 7, 109 BALSAM AVE S HAMILTON ON L8M3B2 Between: 2416698 Ontario Inc. Landlord And J.C.R. Tenants Gunter 2416698 Ontario Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict J. Choppick-keans and R. Gunter (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 February 13, 2023 with respect to application ltb-l-034101-22. 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 conditions specified in the order: The Tenants failed to pay the lawful monthly rent 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-017812-23 4. The Tenants were required to pay $7,792.58 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $5,769.60 and that amount is included in this order. 5. The Landlord collected a rent deposit of $1,289.78 from the Tenants and this deposit is still being held by the Landlord. 2023 ONLTB 33948 (CanLII) 6. Interest on the rent deposit is owing to the Tenants for the period from January 1, 2022 to April 28, 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 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 $43.46. This amount is calculated as follows: $1,322.02 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-034101-22 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 9, 2023. 3. If the unit is not vacated on or before May 9, 2023, then starting May 10, 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 10, 2023. 5. The Tenants shall pay to the Landlord $6,992.82* (Less any payments made by the Tenants after this application was filed on February 27, 2023). This amount represents the rent owing up to April 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 Tenants shall also pay to the Landlord $43.46 per day for compensation for the use of the unit starting April 29, 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 9, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from May 10, 2023 at 6.00% annually on the balance outstanding. April 28, 2023 ____________________________ Date Issued Vladislav Shustov Member, Landlord and Tenant Board Order Page: 2 of 4  File Number: LTB-L-017812-23 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until May 8, 2023 to file a motion with the LTB to set aside the order under s. 2023 ONLTB 33948 (CanLII) 78(9) of the Act. If the Tenants file the motion by May 8, 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 10, 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-017812-23 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 33948 (CanLII) order $5,769.60 New Arrears March 1, 2023 to April 28, 2023 $2,538.90 Less the rent deposit: -$1,289.78 January 1, 2022 to April 28, Less the interest owing on the 2023 -$25.90 rent deposit Plus daily compensation owing for each day of occupation $43.46 (per day) starting April 29, 2023 Total the Tenants must pay the Landlord: $6,992.82 +$43.46 per day starting April 29, 2023 Order Page: 4 of 4