LTB Order LTB-L-037643-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 38727 (CanLII) Citation: R.G. v K., 2023 ONLTB 38727 Date: 2023-06-01 File Number: LTB-L-037643-23 In the matter of: Main Floor, 99 Barker Street London Ontario N6Y1X8 Between: R.G. Landlord And C.K. Tenant R.G. (the 'Landlord') applied for an order to terminate the tenancy and evict C.K. (the 'Tenant') and for an order to have the Tenant pay compensation for damage they owe because the Tenant did not meet a condition specified in the order issued by the LTB on January 25, 2023 with respect to application LTB-L-040115-22. 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 Tenant to terminate the tenancy and 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 did not pay the lawful rent for May 2023 in full on or before May 1, 2023. 3. The Tenant was required to pay $201.00 for the application filing fee ordered to be paid under the previous order LTB-L-040115-22. This amount is still owing and is included in this order. This order replaces order LTB-L-040115-22. 4. 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 $33.70. This amount is calculated as follows: $1,025.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-040115-22 is cancelled. Order Page: 1 of 2  File Number: LTB-L-037643-23 2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before June 12, 2023. 3. If the unit is not vacated on or before June 12, 2023, then starting June 13, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction 2023 ONLTB 38727 (CanLII) 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 13, 2023. 5. The Tenant shall also pay to the Landlord $33.70 per day for compensation for the use of the unit starting June 2, 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 12, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from June 13, 2023 at 6.00% annually on the balance outstanding. June 1, 2023 Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until June 11, 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 11, 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 7, 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. Order Page: 2 of 2