LTB Order LTB-L-055909-23

Order under Section 78(6) 2023 ONLTB 63749 (CanLII) Residential Tenancies Act, 2006 Citation: B.C.H.C. v P., 2023 ONLTB 63749 Date: 2023-09-22 File Number: LTB-L-055909-23 In the matter of: 122, 915 HURON TERRACE Kincardine ON N2Z2Y3 Between: B.C.H.C. Landlord And D.J.P. Tenant B.C.H.C. (the 'Landlord') applied for an order to terminate the tenancy and evict D.J.P. (the 'Tenant') and for an order to have the Tenant pay the rent they owe because the Tenant failed to meet a condition specified in the order issued by the Board on April 27, 2023 with respect to application LTB-057938-22. A hearing was held by videoconference on September 14, 2023 to consider this application. The Landlord’s representative Christy Lowry, and the Tenant, attended the hearing. 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 conditions in the order. 2. The Landlord consented to a repayment order when in March the Tenant owed $4,009.00 in arrears and costs. 3. When the Landlord filed the L4 application the Tenant owed $5,445.00. As of the date of this hearing the Tenant now owes $6,463.00. The lawful monthly rent is $509.00. 4. The Tenant has resided in the unit since March 2022. In the 19 months the Tenant has lived in the unit the Tenant has failed to pay rent for more that 12 of those months. 5. The Tenant testified that she cannot afford to pay the rent. Order P. 1 of 3  6. The Tenant also testified that there are cockroaches and a toilet that backs up. 7. The Landlord’s representative submits that the Landlord has always sent maintenance staff to check on the Tenant’s complaints, pest control has been hired and Public Health has been involved. None have found the problem the Tenant describes. The Landlord’s maintenance staff also found that the toilet was backing up because the Tenant was flushing cigarette butts done the toilet. 2023 ONLTB 63749 (CanLII) File Number: LTB-L-055909-23 8. I find the Tenant is in breach of the conditions of the order. I also find the Tenant has not established the Landlord is in serious breach of obligations to maintain and repair the unit. It is ordered that: 1. Order LTB-057938-22 is cancelled. 2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before October 2, 2023. 3. If the unit is not vacated on or before October 2, 2023, then starting October 3, 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 October 3, 2023. 5. The Tenant shall pay to the Landlord $6,463.00 representing arrears and costs to the end of September 2023. 6. The Tenant shall also pay to the Landlord $16.73 commencing October 1, 2023 until the date the Tenant vacates the rental unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before October 3, 2023, the Tenant will start to owe interest. This will be simple interest calculated from October 4, 2023 at 6.00% annually on the balance outstanding. September 22, 2023 ____________________________ Date Issued Greg Joy Member, Landlord and Tenant Board Order P. 2 of 3 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. 2023 ONLTB 63749 (CanLII) File Number: LTB-L-055909-23 Order P. 3 of 3