LTB Order LTB-L-041439-23

2023 ONLTB 42660 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: K. v C., 2023 ONLTB 42660 Date: 2023-06-16 File Number: LTB-L-041439-23 In the matter of: 25 CINNAMON ST THOROLD ON L2V0H6 Between: A.K. Landlord And J. D. C. L. M. C. Tenants On May 25, 2023, A.K. (the 'Landlord') applied for an order to terminate the tenancy and evict J. D. C. and L. M. C. (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 April 3, 2023, with respect to application LTB-L-035632-22-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 does 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 conditions specified in the order: The Tenants failed to pay to the Landlord May’s rent on or before May 20, 2023. The Tenants also failed to pay to the Landlord $1,000.00 on or before May 21, 2023, towards arrears of rent. 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 Order Page: 1 of 4  File Number: LTB-L-041439-23 addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 4. The Tenants were required to pay $9,523.42 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $8,773.42 and that 2023 ONLTB 42660 (CanLII) amount is included in this order. This order replaces order LTB-L-035632-22-RV. 5. Since the date of the previous order, the Tenants have failed to pay the full rent that became owing for the period from April 1, 2023, to May 31, 2023. 6. The Landlord collected a rent deposit of $2,200.00 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 May 15, 2020, to June 16, 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 $72.33. This amount is calculated as follows: $2,200.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-035632-22-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 27, 2023. 3. If the unit is not vacated on or before June 27, 2023, then starting June 28, 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 28, 2023. 5. The Tenants shall pay to the Landlord $8,398.63 *(Less any payments made by the Tenants after this application was filed on May 25, 2023). This amount represents the rent owing up to June 16, 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 $72.33 per day for compensation for the use of the unit starting June 17, 2023, to the date the Tenant moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before June 27, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from June 28, 2023, at 6.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-041439-23 June 16, 2023 ____________________________ Date Issued Ian Speers Associate Chair, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, 2023 ONLTB 42660 (CanLII) Toronto ON M7A 2G6 The Tenants have until June 26, 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 26, 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 28, 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-041439-23 Summary of Calculation 2023 ONLTB 42660 (CanLII) Order Page: 4 of 4