LTB Order LTB-L-038497-23

2023 ONLTB 39011 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: S.G. v Ian Burroughs, 2023 ONLTB 39011 Date: 2023-05-31 File Number: LTB-L-038497-23 In the matter of: Main Floor, 687 Upper James Street Hamilton ON L9C2Z4 Between: S.G. Landlord And Ian Burroughs, Judy (Co-Signer/Guarantor) Tenants Burroughs and Krystal Randles S.G. (the 'Landlord') applied for an order to terminate the tenancy and evict Ian Burroughs, Judy (Co-Signer/Guarantor) Burroughs and Krystal Randles (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 2, 2023 with respect to application LTB-L038473- 22-RV. 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 also failed to pay to the Landlord $500.00 on or before May 2, 2023, towards arrears of rent. Order Page: 1 of 3  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. 4. The Tenants were required to pay $24,011.00 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $23,311.00 and that 2023 ONLTB 39011 (CanLII) amount is included in this order. This order replaces order LTB-L-038473-22-RV. File Number: LTB-L-038497-23 5. 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 $67.40. This amount is calculated as follows: $2,050.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-038473-22-RV 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 $23,311.00*(Less any payments made by the Tenant after this application was filed on May 7, 2023). This amount represents the rent owing up to May 31, 2023 and the cost of filing the previous application. 6. The Tenants shall also pay to the Landlord $67.40 per day for compensation for the use of the unit starting June 1, 2023 to the date the Tenants moves 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 Michael Di Salle Member, Landlord and Tenants Board Order Page: 2 of 3 15 Grosvenor Street, Ground Floor, 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 Tenants file the motion by June 10, 2023 the order will be stayed and the LTB will schedule a hearing. 2023 ONLTB 39011 (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 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. File Number: LTB-L-038497-23 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 $23,311.00 order Plus daily compensation owing for each day of occupation $67.40 (per day) starting June 1, 2023 Total the Tenants must pay the Landlord: $23,311.00 +$67.40 per day starting June 1, 2023 Order Page: 3 of 3