LTB Order LTB-L-033054-23

Order under Section 78(6) Residential Tenancies Act, 2006 Citation: DD Acquistions Partnership v Mikail Feaver, 2023 ONLTB 37755 2023 ONLTB 37755 (CanLII) Date: 2023-05-24 File Number: LTB-L-033054-23 In the matter of: 316, 37 JOHNSON ST BARRIE ON L4M5C3 Between: DD Acquistions Partnership Landlord And G.W. Tenants Mikail Feaver On April 25, 2023, DD Acquistions Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict G.W. and Mikail Feaver (the 'Tenants') and for an order to have the Tenants pay the rent they owe because the Tenants did not meet a condition specified in the order issued by the LTB on March 24, 2022, with respect to application CEL-04026-21. 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 Tenants to terminate the tenancy and evict the Tenants if the Tenants do not meet certain condition(s) in the order. This application was filed within 30 days of the breach. 2. I find that the Tenants have not met the following condition specified in the order: The Tenants failed to pay to the Landlord the lawful rent on or before April 1, 2023. 3. The previous application includes a request for an order for the payment of arrears of rent and the order requires the Tenants 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 Tenants were required to pay $4,259.06 for rent arrears, and the application filing fee in the previous order. The amount that is still owing from that order is $319.06 and that amount is included in this order. This order replaces order CEL-04026-21. 5. Since the date of the previous order, the Tenants have failed to pay the full rent that became owing for the period from April 1, 2022, to April 30, 2023. 6. The Landlord collected a rent deposit of $1,456.51 from the Tenants and this deposit is still being held by the Landlord. Order Page: 1 of 3  File Number: LTB-L-033054-23 7. Interest on the rent deposit is owing to the Tenants for the period from January 1, 2023, to May 24, 2023. 8. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenants are required to pay. 2023 ONLTB 37755 (CanLII) 9. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenants move out of the unit at a daily rate of $48.56. This amount is calculated as follows: $1,477.02 x 12, divided by 365 days. It is ordered that: 1. Order CEL-04026-21 is cancelled. 2. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before June 4, 2023. 3. If the unit is not vacated on or before June 4, 2023, then starting June 5, 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 June 5, 2023. 5. The Tenants shall pay to the Landlord $2,374.88 *(Less any payments made by the Tenants after this application was filed on April 25, 2023). This amount represents the rent owing up to May 24, 2023, and the cost of filing the previous application and unpaid NSF charges, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenants shall also pay to the Landlord $48.56 per day for compensation for the use of the unit starting May 25, 2023, to the date the Tenant moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before June 4, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from June 5, 2023, at 6.00% annually on the balance outstanding. May 24, 2023 Date Issued Ian Speers Associate Chair, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until June 3, 2023, to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenants file the motion by June 3, 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 December 5, 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: 2 of 3  File Number: LTB-L-033054-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 37755 (CanLII) Amount owing from previous Up to March 31, 2022 order $319.06 New Arrears April 1, 2022, to May 24, 2023 $3,501.70 New NSF cheque charges and related administration charges $25.00 Less the rent deposit: -$1,456.51 January 1, 2023, to May 24, Less the interest owing on the 2023 -$14.37 rent deposit Plus daily compensation owing for each day of occupation $48.56 (per day) starting May 25, 2023 Total the Tenants must pay the Landlord: $2,374.88 +$48.56 per day starting May 25, 2023 Order Page: 3 of 3