LTB Order LTB-L-021992-23

2023 ONLTB 29197 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: 260 Wellesley Residences v A., 2023 ONLTB 29197 Date: 2023-04-04 File Number: LTB-L-021992-23 In the matter of: 201, 240 WELLESLEY ST E TORONTO ON M4X1G5 Between: 260 Wellesley Residences Landlord And Y.A. Tenant On March 9, 2023, 260 Wellesley Residences (the 'Landlord') applied for an order to terminate the tenancy and evict Y.A. (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 January 23, 2023, with respect to application LTB-L-026711-22. 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 conditions specified in the order: The Tenant failed to pay to the Landlord $250.00 on or before February 15, 2023, towards arrears of rent. The Tenant also failed to pay to the Landlord the full lawful rent on or before March 1, 2023. Order Page: 1 of 4  File Number: LTB-L-021992-23 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. 4. The Tenant was required to pay $3,977.29 for rent arrears, and the application filing fee in the previous order. The amount that is still owing from that order is $3,435.17 and that amount is 2023 ONLTB 29197 (CanLII) included in this order. This order replaces order LTB-L-026711-22. 5. The Landlord is entitled to $40.00 for administration charges and $10.00 for bank fees the Landlord incurred as a result of 2 cheques given by or on behalf of the Tenant which were returned NSF after the date of the previous order. 6. The Landlord collected a rent deposit of $1,461.49 from the Tenant and this deposit is still being held by the Landlord. 7. Interest on the rent deposit is owing to the Tenant for the period from January 01, 2023, to April 04, 2023. 8. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenant is required to pay. 9. 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 $47.93. This amount is calculated as follows: $1,457.88 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-026711-22 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 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 Tenant shall pay to the Landlord $3,163.87*(Less any payments made by the Tenant after this application was filed on March 9, 2023). This amount represents the rent owing up to April 04, 2023, and the cost of filling the application, unpaid NSF charges, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenant shall also pay to the Landlord $47.93 per day for compensation for the use of the unit starting April 5, 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 April 15, 2023, the Tenant 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-021992-23 April 4, 2023 ____________________________ Date Issued Elle Venhola Member, Landlord and Tenant Board 2023 ONLTB 29197 (CanLII) 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has 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 tenant files the motion by April 14, 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 October 16, 202,3 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-021992-23 Summary of Calculation 2023 ONLTB 29197 (CanLII) Order Page: 4 of 4