LTB Order LTB-L-037186-23

2023 ONLTB 41800 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: City of Cornwall Housing Services v L., 2023 ONLTB 41800 Date: 2023-06-12 File Number: LTB-L-037186-23 In the matter of: 27, 550 Lemay Street Cornwall ON K6H7H3 Between: City of Cornwall Housing Services Landlord And P.L. Tenant On May 4, 2023, City of Cornwall Housing Services (the 'Landlord') applied for an order to terminate the tenancy and evict P.L. (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 March 9, 2023 with respect to application LTB-L-040898-22. This application was decided without a hearing being held. Determinations: 1. The mediated settlement 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 mediated settlement. 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 mediated settlement: The Tenant failed to pay the full $150.00 towards arrears on or before April 20, 2023. 3. The previous application includes a request for an order for the payment of arrears of rent and the mediated settlement requires the Tenant to make payments by specific due dates. Order Page: 1 of 4  File Number: LTB-L-037186-23 Accordingly, in addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 2023 ONLTB 41800 (CanLII) 4. The Tenant was required to pay $3,615.00 for rent arrears and the application filing fee in the previous mediated settlement. The amount that is still owing from that mediated settlement is $3,465.00 and that amount is included in this order. 5. 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 $28.50. This amount is calculated as follows: $867.00 x 12, divided by 365 days. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before June 23, 2023. 2. If the unit is not vacated on or before June 23, 2023, then starting June 24, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. 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 24, 2023. 4. The Tenant shall pay to the Landlord $5,541.00 (Less any payments made by the Tenant after this application was filed on May 4, 2023). This amount represents the rent owing up to June 12, 2023, and the cost of filling the application. 5. The Tenant shall also pay to the Landlord $28.50 per day for compensation for the use of the unit starting June 13, 2023, to the date the Tenant moves out of the unit. 6. If the Tenant does not pay the Landlord the full amount owing on or before June 23, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from June 24, 2023, at 6.00% annually on the balance outstanding. June 12, 2023 ____________________________ Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 Order Page: 2 of 4  File Number: LTB-L-037186-23 The Tenant has until June 22, 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 June 22, 2023, the order will be stayed and the 2023 ONLTB 41800 (CanLII) 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 24, 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. Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to February 28, 2023 mediated settlement $3,465.00 New Arrears April 1, 2023, to June 12, 2023 $2,076.00 Plus daily compensation owing for each day of occupation $28.50 (per day) starting June 13, 2023 Total the Tenant must pay the Landlord: $5,541.00 + $28.50 per day starting June 13, 2023 Order Page: 3 of 4 File Number: LTB-L-037186-23 2023 ONLTB 41800 (CanLII) Order Page: 4 of 4