LTB Order LTB-L-037629-23

2023 ONLTB 39268 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Markham Corners Residential Inc. v W., 2023 ONLTB 39268 Date: 2023-05-29 File Number: LTB-L-037629-23 In the matter of: B17, 300 INVERGORDON AVE SCARBOROUGH ON M1S4K7 Between: Markham Corners Residential Inc. Landlord And A.W. Tenants Sharon Thakar On May 10, 2023, Markham Corners Residential Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict A.W. and Sharon Thakar (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 9, 2023, with respect to application LTB- L041627-22. 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 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 has not met the following condition specified in the order: The Tenants failed to pay to the Landlord the lawful rent on or before May 1, 2023. Order Page: 1 of 4  File Number: LTB-L-037629-23 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. 2023 ONLTB 39268 (CanLII) 4. The Tenants were required to pay $12,372.05 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $2,529.05 and that amount is included in this order. This order replaces order LTB-L-041627-22. 5. Since the date of the previous order, the Tenants have failed to pay the full rent that became owing for the period from March 1, 2023, to May 31, 2023. 6. The Landlord collected a rent deposit of $1,526.57 from the Tenants and this deposit is still being held by the Landlord. 7. Interest on the rent deposit is owing to the Tenants for the period from January 1, 2023, to May 29, 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. 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 $50.19. This amount is calculated as follows: $1,526.57 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-041627-22 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 9, 2023. 3. If the unit is not vacated on or before June 9, 2023, then starting June 10, 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 10, 2023. 5. The Tenants shall pay to the Landlord $2,475.55 *(Less any payments made by the Tenants after this application was filed on May 10, 2023). This amount represents the rent owing up to May 29, 2023, and the cost of filing the previous application, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenants shall also pay to the Landlord $50.19 per day for compensation for the use of the unit starting May 30, 2023, to the date the Tenant moves out of the unit. Order Page: 2 of 4  File Number: LTB-L-037629-23 7. If the Tenants do not pay the Landlord the full amount owing on or before June 9, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from June 10, 2023, at 6.00% annually on the balance outstanding. 2023 ONLTB 39268 (CanLII) May 29, 2023 Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have 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 tenants file the motion by June 8, 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 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-037629-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 39268 (CanLII) Amount owing from previous Up to February 28, 2023 order $2,529.05 New Arrears March 1, 2023, to May 29, 2023 $1,488.65 Less the rent deposit: -$1,526.57 January 1, 2023, to May 29, Less the interest owing on the 2023 -$15.58 rent deposit Plus, daily compensation owing for each day of occupation $50.19 (per day) starting May 30, 2023 Total the Tenants must pay the Landlord: $2,475.55 +$50.19 per day starting May 30, 2023 Order Page: 4 of 4