LTB Order LTB-L-037874-23

2023 ONLTB 39731 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: DD Acquisitions Partnership v R.B., 2023 ONLTB 39731 Date: 2023-05-31 File Number: LTB-L-037874-23 In the matter of: 1002, 10 YORKWOODS GATE NORTH YORK ON M3N1J9 Between: DD Acquisitions Partnership Landlord And R.B. Tenants Yahneke B. DD Acquisitions Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict R.B. and Yahneke B. (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 May 3, 2023, with respect to application LTB-L-078575-22. 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 have not met the following condition specified in the order: The Tenants failed to pay the full $3,000.00 towards arrears on or before April 26, 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. Order Page: 1 of 4  File Number: LTB-L-037874-23 4. The Tenants were required to pay $5,338.96 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $5,338.96 and that amount is included in this order. 5. The Landlord collected a rent deposit of $2,020.95 from the Tenants and this deposit is still being held by the Landlord. 2023 ONLTB 39731 (CanLII) 6. Interest on the rent deposit is owing to the Tenants for the period from December 1, 2022, to May 31, 2023. 7. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenants are required to pay. 8. 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 $68.17. This amount is calculated as follows: $2,073.55 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-078575-22 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 11, 2023. 3. If the unit is not vacated on or before June 11, 2023, then starting June 12, 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 12, 2023. 5. The Tenants shall pay to the Landlord $3,295.05 (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 31, 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 $68.17 per day for compensation for the use of the unit starting June 1, 2023, to the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before June 11, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from June 12, 2023, at 6.00% annually on the balance outstanding. May 31, 2023 ____________________________ Date Issued Emile Ramlochan Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Order Page: 2 of 4  File Number: LTB-L-037874-23 Toronto ON M7A 2G6 The Tenants have until June 10, 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 10, 2023, the order will be stayed and the LTB will schedule a hearing. 2023 ONLTB 39731 (CanLII) 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 12, 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-037874-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to April 30, 2023 2023 ONLTB 39731 (CanLII) order $5,338.96 Less the rent deposit: -$2,020.95 December 1, 2022, to May 31, Less the interest owing on the 2023 -$22.96 rent deposit Plus daily compensation owing for each day of occupation $68.17 (per day) starting June 1, 2023 Total the Tenants must pay the Landlord: $3,295.05 + $68.17 per day starting June 1, 2023 Order Page: 4 of 4