LTB Order LTB-L-018158-23

2023 ONLTB 41054 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: pm@no v Khristina Powley, 2023 ONLTB 41054 Date: 2023-06-01 File Number: LTB-L-018158-23 In the matter of: 135 TRELAWNE AVE SAULT STE. MARIE ON P6B2M8 Between: pm@no and Northstar Property Management Landlord Inc. And Khristina Powley and Steve Lapossie Tenants pm@no and Northstar Property Management Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict Khristina Powley and Steve Lapossie (the 'Tenants') 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 December 8, 2022, with respect to application LTB-L-07544422. This application was heard by videoconference on May 24, 2023. The Landlord was represented at the hearing by Great Wilson. The Tenants were not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. 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 Tenant 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 Tenant has not met the following conditions specified in the order: Order Page: 1 of 3  • The Tenant did not pay the full rent that became due December 16, 2022. 3. The previous application includes a request for an order for the payment of arrears of rent and the order requires the Tenant 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. 2023 ONLTB 41054 (CanLII) File Number: LTB-L-018158-23 4. The Tenants were required to pay $6,111.00 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $6,111.00 and that amount is included in this order. This order replaces order LTB-L-075444-22. 5. Since the date of the previous order, the Tenants have failed to pay the full rent that became owing. The rent arrears owing for the period December 01, 2022, to June 01, 2023, are 7,691.92 6. The Landlord is 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 $41.92. This amount is calculated as follows: $1,275.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-075444-22 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 June 12, 2023. 3. If the unit is not vacated on or before June 12, 2023, then starting June 13, 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 June 13, 2023. 5. The Tenant shall pay to the Landlord $13,802.92*. This amount represents the rent owing up to June 1, 2023, and the cost of filing the previous application. 6. The Tenant shall also pay to the Landlord $41.92 per day for compensation for the use of the unit starting June 2, 2023, to the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before June 12, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from June 13, 2023, at 6.00% annually on the balance outstanding. Order Page: 2 of 3  June 1, 2023 ____________________________ Date Issued Bryan Delorenzi Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto 2023 ONLTB 41054 (CanLII) ON M7A 2G6 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 December 13, 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. File Number: LTB-L-018158-23 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to November 30, 2022 order $6,111.00 New Arrears December 1, 2022 to June 1, 2023 $7,691.92 New NSF cheque charges and related administration charges $0.00 Plus daily compensation owing for each day of occupation $41.92 (per day) starting June 2, 2023 Total the Tenant must pay the Landlord: $13,802.92 +$41.92 per day starting June 2, 2023 Order Page: 3 of 3