LTB Order LTB-L-073346-22

Order under Section 78(6) Residential Tenancies Act, 2006 Citation: S.L. v Klassen, 2023 ONLTB 14845 2023 ONLTB 14845 (CanLII) Date: 2023-01-13 File Number: LTB-L-073346-22 In the matter of: 1001, 234 ERIE ST S LEAMINGTON ON N8H4C6 Between: S.L. Landlord And C.N. Tenants Jackson Klassen S.L. (the 'Landlord') applied for an order to terminate the tenancy and evict C.N. and Jackson Klassen (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 October 5, 2022 with respect to application LTB-L-016250-22. 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 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 lawful monthly rent for October 2022 on or before October 1, 2022. Further, the Tenants failed to pay the full amount of $800.00 towards arrears on or before both September 30, 2022 and October 14, 2022. 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 $3,795.32 for rent arrears, any NSF charges the Landlord incurred and the application filing fee in the previous order. The amount that is still owing from that order is $3,295.32 and that amount is included in this order. 5. Since the date of the previous order, the Tenants have failed to pay the full rent that became owing for the period from October 1, 2022 to October 31, 2022. Order Page: 1 of 4  File Number: LTB-L-073346-22 6. The Landlord is entitled to $20.00 for administration charges and $0.00 for bank fees the Landlord incurred as a result of 1 cheque given by or on behalf of the Tenants which were returned NSF after the date of the previous order. 7. The Landlord collected a rent deposit of $1,249.49 from the Tenants and this deposit is still 2023 ONLTB 14845 (CanLII) being held by the Landlord. 8. Interest on the rent deposit is owing to the Tenants for the period from March 01, 2022 to January 13, 2023. 9. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenants is required to pay. 10. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenants moves out of the unit at a daily rate of $41.08. This amount is calculated as follows: $1,249.49 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-016250-22 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 January 24, 2023. 3. If the unit is not vacated on or before January 24, 2023, then starting January 25, 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 January 25, 2023. 5. The Tenants shall pay to the Landlord $6,334.61*(Less any payments made by the Tenants after this application was filed on October 19, 2022). This amount represents the rent owing up to January 13, 2023 and unpaid NSF charges, the application fee for 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 $41.08 per day for compensation for the use of the unit starting January 14, 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 January 24, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from January 25, 2023 at 5.00% annually on the balance outstanding. January 13, 2023 Date Issued Ian Speers Associate Chair, Landlord and Tenants Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 Order Page: 2 of 4  File Number: LTB-L-073346-22 The Tenants have until January 23, 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 January 23, 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. 2023 ONLTB 14845 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on July 25, 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-073346-22 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 14845 (CanLII) Amount owing from previous Up to October 5, 2022 order $3,295.32 New Arrears October 1, 2022 to January 13, 2023 $4,282.51 New NSF cheque charges and related administration charges $20.00 Less the rent deposit: -$1,249.49 March 01, 2022 to January 13, Less the interest owing on the 2023 -$13.73 rent deposit Plus daily compensation owing for each day of occupation $41.08 (per day) starting January 14, 2023 Total the Tenants must pay the Landlord: $6,334.61 +$41.08 per day starting January 14, 2023 Order Page: 4 of 4