LTB Order LTB-L-018193-23

2023 ONLTB 29251 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: G.D.A. v S., 2023 ONLTB 29251 Date: 2023-04-04 File Number: LTB-L-018193-23 In the matter of: 1212, 30 G. D. Toronto ON M1K4P6 Between: 30 G. D. A. Landlord A. J.S.A.T.T. Tenants G.D.A. (the 'Landlord') applied for an order to terminate the tenancy A. evict J. S. A. T. T. (the 'Tenants') A. 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 7, 2023 with respect to application LTB-L-056504-22. 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 A. evict the Tenants if the Tenants does 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 specified in the order: The Tenants failed to pay to the Landlord the lawful rent for February 2023 in full on or before February 1, 2023. Order Page: 1 of 4  File Number: LTB-L-018193-23 3. The previous application includes a request for an order for the payment of arrears of rent A. 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. 4. The Tenants were required to pay $15,149.04 for rent arrears any NSF charges the Landlord incurred, A. the application filing fee in the previous order. The amount that is still owing from 2023 ONLTB 29251 (CanLII) that order is $15,149.04 A. that amount is included in this order. 5. The Landlord is entitled to $40.00 for administration charges for bank fees the Landlord incurred as a result of two cheques given by or on behalf of the Tenants which were returned NSF after the date of the previous order. 6. The Landlord collected a rent deposit of $1,806.11 from the Tenants A. this deposit is still being held by the Landlord. 7. Interest on the rent deposit is owing to the Tenants for the period from April 1, 2022 to April 4, 2023. 8. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenants is required to pay. 9. The Landlord is 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 $59.38. This amount is calculated as follows: $1,806.11 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-056504-22 is cancelled. 2. The tenancy between the Landlord A. the Tenants is terminated. The Tenants must move out of the rental unit on or before April 15, 2023. 3. If the unit is not vacated on or before April 15, 2023, then starting April 16, 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 April 16, 2023. 5. The Tenants shall pay to the Landlord $13,354.97*(Less any payments made by the Tenants after this application was filed on February 17, 2023). This amount represents the rent owing up to April 4, 2023, A. the cost of filling the previous application, unpaid NSF charges, less the rent deposit A. interest the Landlord owes on the rent deposit. 6. The Tenants shall also pay to the Landlord $59.38 per day for compensation for the use of the unit starting April 5, 2023 to the date the Tenants moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before April 15, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from April 16, 2023 at 6.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-018193-23 April 4, 2023 ____________________________ Date Issued Elle Venhola Member, Landlord A. Tenants Board 2023 ONLTB 29251 (CanLII) 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until April 14, 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 14, 2023 the order will be stayed A. 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 October 16, 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-018193-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 29251 (CanLII) Amount owing from previous Up to January 31, 2023 $15,149.04 order New NSF cheque charges A. $40.00 related administration charges Less the rent deposit: -$1,806.11 Less the interest owing on the rent April 1, 2022 to April 4, 2023 -$27.96 deposit Plus daily compensation owing for each day of occupation starting $59.38 (per day) April 5, 2023 Total the Tenants must pay the Landlord: $13,354.97 +$59.38 per day starting April 5, 2023 Order Page: 4 of 4