LTB Order LTB-L-027359-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 34943 (CanLII) Citation: R. R. v L. T., 2023 ONLTB 34943 Date: 2023-05-03 File Number: LTB-L-027359-23 In the matter of: 1552 DAVENPORT CRES KINGSTON ON K7P0M6 Between: M.D.A.R.R. L. A. L. T. Tenant M.D.A.R.R. (the 'L.') applied for an order to terminate the tenancy A. evict L. T. (the 'Tenant') A. 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 March 28, 2023 with respect to application LTB-L-038544-22. This application was decided without a hearing being held. Determinations: 1. The order provides that the L. 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 A. 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 lawful monthly rent on or before April 1, 2023. 3. The previous application includes a request for an order for the payment of arrears of rent A. the order requires the Tenant to make payments by specific due dates. Accordingly, in addition to eviction, the L. are entitled to request an order for the payment of arrears owing. 4. The Tenant was required to pay $27,436.00 for rent arrears A. the application filing fee in the previous order. The amount that is still owing from that order is $27,436.00 A. that amount is included in this order. 5. Since the date of the previous order, the Tenant has failed to pay the full rent that became owing for the period from April 1, 2023 to April 30, 2023. Order Page: 1 of 4  File Number: LTB-L-027359-23 6. The L. collected a rent deposit of $2,275.00 from the Tenant A. this deposit is still being held by the L.. 7. Interest on the rent deposit is owing to the Tenant for the period from May 14, 2021 to May 3, 2023. 2023 ONLTB 34943 (CanLII) 8. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenant is required to pay. 9. The L. are 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 $91.23. This amount is calculated as follows: $2,775.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-038544-22 is cancelled. 2. The tenancy between the L. A. the Tenant is terminated. The Tenant must move out of the rental unit on or before May 14, 2023. 3. If the unit is not vacated on or before May 14, 2023, then starting May 15, 2023, the L. 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 L. on or after May 15, 2023. 5. The Tenant shall pay to the L. $28,163.22* (Less any payments made by the Tenant after this application was filed on April 2, 2023). This amount represents the rent owing up to May 3, 2023 A. the cost of filing the previous application, less the rent deposit A. interest the L. owes on the rent deposit. 6. The Tenant shall also pay to the L. $91.23 per day for compensation for the use of the unit starting May 4, 2023 to the date the Tenant moves out of the unit. 7. If the Tenant does not pay the L. the full amount owing on or before May 14, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from May 15, 2023 at 6.00% annually on the balance outstanding. May 3, 2023 Date Issued Vladislav Shustov Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until May 13, 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 13, 2023 the order will be stayed A. the LTB will schedule a hearing. Order Page: 2 of 4  File Number: LTB-L-027359-23 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 15, 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. 2023 ONLTB 34943 (CanLII) * Refer to the attached Summary of Calculations. Order Page: 3 of 4  File Number: LTB-L-027359-23 Summary of Calculation Amount the Tenant must pay the L.: Reason for amount owing Period Amount 2023 ONLTB 34943 (CanLII) Amount owing from previous Up to March 31, 2023 order $27,436.00 New Arrears April 1, 2023 to May 3, 2023 $3,048.69 Less the rent deposit: -$2,275.00 May 14, 2021 to May 3, 2023 Less the interest owing on the -$46.47 rent deposit Plus daily compensation owing for each day of occupation $91.23 (per day) starting May 4, 2023 Total the Tenant must pay the L.: $28,163.22 +$91.23 per day starting May 4, 2023 Order Page: 4 of 4