LTB Order LTB-L-019672-23

2023 ONLTB 33544 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Kenlar Investments Inc. v L., 2023 ONLTB 33544 Date: 2023-04-26 File Number: LTB-L-019672-23 In the matter of: 20, 507 DAYS RD KINGSTON ON K7M3R6 Between: Kenlar Investments Inc. Landlord And M.L. Tenant Kenlar Investments Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict M.L. (the 'Tenant’) and 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 July 29, 2022, with respect to application LTB-L-004490-22. 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 Tenant to terminate the tenancy and 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 the rent on or before February 28, 2023 and failed to make the payment against arrears in full on or before February 28, 2023 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 Order Page: 1 of 4  File Number: LTB-L-019672-23 addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 4. The Tenant was required to pay $5,678.59 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $62.75 and that amount is included in this order. 2023 ONLTB 33544 (CanLII) 5. The Landlord collected a rent deposit of $1,418.52 from the Tenant and this deposit is still being held by the Landlord. 6. Interest on the rent deposit is owing to the Tenant for the period from February 1, 2023, to April 26, 2023. 7. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenant is required to pay. 8. 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 $46.64. This amount is calculated as follows: $1,418.52 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-004490-22 is cancelled. 2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before May 7, 2023. 3. If the unit is not vacated on or before May 7, 2023, then starting May 8, 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 8, 2023. 5. As of the date of this order, the amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent, compensation, and the cost of filing the previous application the Landlord is entitled to by $1,364.03. 6. However, the Landlord is authorized to deduct the following from the amount the Landlord owes the Tenant: $46.64 per day for compensation for the use of the unit starting April 27, 2023, to the date the Tenant moves out of the unit. 7. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. April 26, 2023 ____________________________ Date Issued Lynn Mitchell Member, Landlord and Tenant Board Order Page: 2 of 4  File Number: LTB-L-019672-23 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 2023 ONLTB 33544 (CanLII) The Tenant has until May 6, 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 6, 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 8, 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-019672-23 Summary of Calculation 2023 ONLTB 33544 (CanLII) Order Page: 4 of 4