LTB Order LTB-L-028264-23

2023 ONLTB 35624 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: HAMILTON EAST KIWANIS NP HOMES INC. v C.P., 2023 ONLTB 35624 Date: 2023-05-08 File Number: LTB-L-028264-23 In the matter of: 107 GARSIDE AVE N HAMILTON ON L8H4W4 Between: HAMILTON EAST KIWANIS NP HOMES Landlord INC. And C.P. Tenant HAMILTON EAST KIWANIS NP HOMES INC. (the 'Landlord') applied for an order to terminate the tenancy and evict C.P. (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 27, 2023 with respect to application LTB-L-056840-22. 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 the March 25, 2023 arrears instalment in full and also failed to pay the lawful monthly rent on or before April 1, 2023. Order Page: 1 of 4  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 $4,605.80 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $3,803.80 and that 2023 ONLTB 35624 (CanLII) amount is included in this order. This order replaces order LTB-L-056840-22. 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. File Number: LTB-L-028264-23 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 $14.73. This amount is calculated as follows: $448.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-056840-22 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 19, 2023. 3. If the unit is not vacated on or before May 19, 2023, then starting May 20, 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 20, 2023. 5. The Tenant shall pay to the Landlord $4,369.64* (less any amount paid to the Landlords after this application was filed on January 5, 2021). This amount represents the rent owing up to May 8, 2023 and the cost of filing the previous application. 6. The Tenant shall also pay to the Landlord $14.73 per day for compensation for the use of the unit starting May 9, 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 May 19, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from May 20, 2023 at 6.00% annually on the balance outstanding. Order Page: 2 of 4 May 8, 2023 ____________________________ Date Issued Lynn Mitchell Member, Landlord and Tenant Board 2023 ONLTB 35624 (CanLII) 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until May 18, 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 18, 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 20, 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. File Number: LTB-L-028264-23 * Refer to the attached Summary of Calculations. Summary of Calculation Order Page: 3 of 4 Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to January 31, 2023 order $3,803.80 2023 ONLTB 35624 (CanLII) New Arrears April 1, 2023 to May 8, 2023 $565.84 New NSF cheque charges and related administration charges $0.00 Plus daily compensation owing for each day of occupation $14.73 (per day) starting May 9, 2023 Total the Tenant must pay the Landlord: $4,369.64 +$14.73 per day starting May 9, 2023 Order Page: 4 of 4