LTB Order LTB-L-031977-23

Order under Section 78(6) Residential Tenancies Act, 2006 Citation: T.C.M. v I.C., 2023 ONLTB 37801 2023 ONLTB 37801 (CanLII) Date: 2023-05-23 File Number: LTB-L-031977-23 In T. matter of: 312, 291 AVENUE RD TORONTO ON M4V2G9 Between: T.C.M. Landlord And I.C. Tenant T.C.M. (T. 'Landlord') applied for an order to terminate T. tenancy and evict I.C. (T. 'Tenant') and for an order to have T. Tenant pay T. rent they owe because T. Tenant did not meet a condition specified in T. order issued by T. LTB on March 21, 2023 with respect to application LTB-L-048343-22. This application was decided without a hearing being held. Determinations: 1. T. order provides that T. Landlord can apply to T. LTB under section 78 of T. Residential Tenancies Act, 2006 (T. 'Act') without notice to T. Tenant to terminate T. tenancy and evict T. Tenant if T. Tenant does not meet certain condition(s) in T. order. This application was filed within 30 days of T. breach. 2. I find that T. Tenant has not met T. following conditions specified in T. order: T. Tenant failed to pay T. full lawful monthly rent on or before April 1, 2023. Further, T. Tenant failed to pay $2518.50 towards arrears, on or before April 15, 2023. 3. T. previous application includes a request for an order for T. payment of arrears of rent and T. order requires T. Tenant to make payments by specific due dates. Accordingly, in addition to eviction, T. Landlord is entitled to request an order for T. payment of arrears owing. 4. T. Tenant was required to pay $15,111.00 for rent arrears and T. application filing fee in T. previous order. T. amount that is still owing from that order is $15,111.00 and that amount is included in this order. 5. Since T. date of T. previous order, T. Tenant has failed to pay T. full rent that became owing for T. period from April 1, 2023 to May 31, 2023. 6. T. Landlord collected a rent deposit of $1,475.00 from T. Tenant and this deposit is still being held by T. Landlord. Order Page: 1 of 3  File Number: LTB-L-031977-23 7. Interest on T. rent deposit is owing to T. Tenant for T. period from November 1, 2021 to May 23, 2023. 8. T. amount of T. rent deposit and interest on T. rent deposit is applied to T. amount T. Tenant is required to pay. 2023 ONLTB 37801 (CanLII) 9. T. Landlord is entitled to daily compensation from T. day after this order is issued to T. date T. Tenant moves out of T. unit at a daily rate of $49.71. This amount is calculated as follows: $1,511.87 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-048343-22 is cancelled. 2. T. tenancy between T. Landlord and T. Tenant is terminated. T. Tenant must move out of T. rental unit on or before June 3, 2023. 3. If T. unit is not vacated on or before June 3, 2023, then starting June 4, 2023, T. Landlord may file this order with T. Court Enforcement Office (Sheriff) so that T. eviction may be enforced. 4. Upon receipt of this order, T. Court Enforcement Office (Sheriff) is directed to give vacant possession of T. unit to T. Landlord on or after June 4, 2023. 5. T. Tenant shall pay to T. Landlord $15,259.05*. This amount represents T. rent owing up to May 23, 2023 and T. cost of filing T. previous application, less T. rent deposit and interest T. Landlord owes on T. rent deposit. 6. T. Tenant shall also pay to T. Landlord $49.71 per day for compensation for T. use of T. unit starting May 24, 2023 to T. date T. Tenant moves out of T. unit. 7. If T. Tenant does not pay T. Landlord T. full amount owing on or before June 3, 2023, T. Tenant will start to owe interest. This will be a simple interest calculated from June 4, 2023 at 6.00% annually on T. balance outstanding. May 23, 2023 Date Issued Elle Venhola Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 T. Tenant has until June 2, 2023 to file a motion with T. LTB to set aside T. order under s. 78(9) of T. Act. If T. tenant files T. motion by June 2, 2023 T. order will be stayed and T. 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 T. Act, T. part of this order relating to T. eviction expires on December 4, 2023 if T. order has not been filed on or before this date with T. Court Enforcement Office (Sheriff) that has territorial jurisdiction where T. rental unit is located. * Refer to T. attached Summary of Calculations. Order Page: 2 of 3  File Number: LTB-L-031977-23 Summary of Calculation Amount T. Tenant must pay T. Landlord: Reason for amount owing Period Amount 2023 ONLTB 37801 (CanLII) Amount owing from previous Up to March 31, 2023 order $15,111.00 New Arrears April 1, 2023 to May 23, 2023 $1,655.20 Less T. rent deposit: -$1,475.00 November 1, 2021 to May 23, Less T. interest owing on T. 2023 -$32.15 rent deposit Plus daily compensation owing for each day of occupation $49.71 (per day) starting May 24, 2023 Total T. Tenant must pay T. Landlord: $15,259.05 +$49.71 per day starting May 24, 2023 Order Page: 3 of 3