LTB Order LTB-L-037475-23

File Number: LTB-L-037475-23 2023 ONLTB 39215 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: A.A. v S. B., 2023 ONLTB 39215 Date: 2023-05-29 File Number: LTB-L-037475-23 In the matter of: 307, 1 NIAGARA ST WELLAND ON L3C1H8 Between: A.A. L. A. S. B. Tenant A.A. (the 'L.') applied for an order to terminate the tenancy A. evict S. B. (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 May 8, 2023 with respect to application LTB-L-061121-22. 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 $300.00 towards arrears on or before May 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. is entitled to request an order for the payment of arrears owing. Order Page: 1 of 4  File Number: LTB-L-037475-23 4. The Tenant was required to pay $4,136.00 for rent arrears A. the application filing fee in the previous order. The amount that is still owing from that order is $4,136.00 A. that amount is included in this order. 2023 ONLTB 39215 (CanLII) 5. The L. 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 $23.01. This amount is calculated as follows: $700.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-061121-22 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 June 9, 2023. 3. If the unit is not vacated on or before June 9, 2023, then starting June 10, 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 June 10, 2023. 5. The Tenant shall pay to the L. $4,103.29*(Less any payments made by the Tenant after this application was filed on May 9, 2023). This amount represents the rent owing up to May 29, 2023 A. the cost of filing the previous application. 6. The Tenant shall also pay to the L. $23.01 per day for compensation for the use of the unit starting May 30, 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 June 9, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from June 10, 2023 at 6.00% annually on the balance outstanding. May 29, 2023 Date Issued Emile Ramlochan Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until June 8, 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 8, 2023 the order will be stayed A. the LTB will schedule a hearing. Order Page: 2 of 4  File Number: LTB-L-037475-23 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 2023 ONLTB 39215 (CanLII) December 10, 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: 3 of 4  File Number: LTB-L-037475-23 Summary of Calculation Amount the Tenant must pay the L.: 2023 ONLTB 39215 (CanLII) Reason for amount owing Period Amount Amount owing from previous Up to April 30, 2023 order $4,136.00 New Arrears May 1, 2023 to May 29, 2023 $(32.71) Plus daily compensation owing for each day of occupation $23.01 (per day) starting May 30, 2023 Total the Tenant must pay the L.: $4,103.29 +$23.01 per day starting May 30, 2023 Order Page: 4 of 4