LTB Order LTB-L-073549-22

2023 ONLTB 14575 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: F. S. v D., 2023 ONLTB 14575 Date: 2023-01-19 File Number: LTB-L-073549-22 In the matter of: BASEMENT, 104 CONANT STREET OSHAWA ONTARIO L1H3R6 Between: N.F.S. Landlord And L.J.D. Tenants Matthew James Huggins On October 21, 2022, N.F.S. (the 'Landlord') applied for an order to terminate the tenancy and evict L.J.D. and Matthew James Huggins (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 September 23, 2022, with respect to application LTBL-037749-22. 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 to the Landlord the lawful rent on or before October 1, 2022. Order Page: 1 of 5  File Number: LTB-L-073549-22 The Tenants also failed to pay to the Landlord $783.42 on or before October 1, 2022, 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, 2023 ONLTB 14575 (CanLII) 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 $9,401.00 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $9,401.00 and that amount is included in this order. This order replaces order LTB-L-037749-22. 5. Since the date of the previous order, the Tenants have failed to pay the full rent that became owing for the period from September 1, 2022, to October 31, 2022. 6. The Landlord collected a rent deposit of $1,150.00 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 March 11, 2021, to January 19, 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 $37.81. This amount is calculated as follows: $1,150.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L--037749-22 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 30, 2023. 3. If the unit is not vacated on or before January 30, 2023, then starting January 31, 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 31, 2023. 5. The Tenants shall pay to the Landlord $13,554.09*(Less any payments made by the Tenants after this application was filed on October 21, 2022). This amount represents the rent owing up to January 19, 2023, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenants shall also pay to the Landlord $37.81 per day for compensation for the use of the unit starting January 20, 2023, to the date the Tenant moves out of the unit. Order Page: 2 of 5  File Number: LTB-L-073549-22 7. If the Tenants do not pay the Landlord the full amount owing on or before January 30, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from January 31, 2023, at 5.00% annually on the balance outstanding. 15 Grosvenor Street, Ground Floor, 2023 ONLTB 14575 (CanLII) January 19, 2023 Date Issued Toronto ON M7A 2G6 ____________ Robert Patchett Vice Chair, Landlord and Tenant Board The Tenants have until January 29, 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 29, 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 July 31, 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 5  File Number: LTB-L-073549-22 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 14575 (CanLII) Amount owing from previous Up to August 1, 2022 order $9,401.00 New Arrears September 1, 2022, to January 19, 2023 $5,318.39 Less the rent deposit: -$1,150.00 March 11, 2021, to January Less the interest owing on the 19, 2023 -$15.30 rent deposit Plus daily compensation owing for each day of occupation starting $37.81 (per day) January 20, 2023 Order Page: 4 of 5  File Number: LTB-L-073549-22 Total the Tenants must pay the Landlord: $13,554.09 +$37.81 per day starting January 20, 2023 2023 ONLTB 14575 (CanLII) Order Page: 5 of 5