LTB Order LTB-L-074539-22

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 17117 (CanLII) Citation: R. v B., 2023 ONLTB 17117 Date: 2023-01-30 File Number: LTB-L-074539-22 In the matter of: 24 LOCKTON ST WHITBY ON L1P0C2 Between: S.R. Landlord And J.B. Tenant S.R. (the 'Landlord') applied for an order to terminate the tenancy and evict J. B. (the 'Tenant') and for an order to have the Tenant pay the rent they owe because the Tenant did not meet a condition specified in the order issued by the LTB on October 20, 2022 with respect to application LTB-L-017889-22. 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 Tenant to terminate the tenancy and evict the Tenant if the Tenant does not meet certain condition(s) in the order. This application was filed within 30 days of the breach. 2. I find that the Tenant has not met the following condition specified in the order: The Tenant failed to pay $10,000.00 towards arrears on or before October 24, 2022. 3. The previous application includes a request for an order for the payment of arrears of rent and the order requires the Tenant 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 Tenant was required to pay $34,000.00 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $34,000.00 and that amount is included in this order. 5. The Landlord collected a rent deposit of $3,400.00 from the Tenant and this deposit is still being held by the Landlord. 6. Interest on the rent deposit is owing to the Tenant for the period from August 01, 2021 to January 30, 2023. Order Page: 1 of 4  File Number: LTB-L-074539-22 7. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenant is required to pay. 8. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenant moves out of the unit at a daily rate of $111.78. This amount is calculated 2023 ONLTB 17117 (CanLII) as follows: $3,400.00 x 12, divided by 365 days. 9. As of the day of this order, the Tenant owes the Landlord $40,705.61 (Less any payments made by the Tenant after this application was filed on October 26, 2022). The Landlord is only seeking to claim $34,186. The Landlord is aware of the Board’s jurisdictional limit as set out in s.207(1) of the Residential Tenancies Act, 2006 (the ‘Act’) of $35,000.00, that being the limit of the Small Claims Court. The Landlord acceded to the jurisdiction of the Board and waived any claim above this limitation. It is ordered that: 1. Order LTB-L-017889-22 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 February 10, 2023. 3. If the unit is not vacated on or before February 10, 2023, then starting February 11, 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 February 11, 2023. 5. The Tenant shall pay to the Landlord $34,186*. This amount represents the rent owing up to January 30, 2023, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenant shall also pay to the Landlord $111.78 per day for compensation for the use of the unit starting January 31, 2023 to the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before February 10, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from February 11, 2023 at 5.00% annually on the balance outstanding. January 30, 2023 Date Issued Vladislav Shustov Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 Order Page: 2 of 4  File Number: LTB-L-074539-22 The Tenant has until February 09, 2023 to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenant files the motion by February 09, 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 17117 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on August 11, 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-074539-22 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 17117 (CanLII) Amount owing from previous Up to October 31, 2022 order $34,000.00 New Arrears November 1, 2022 to January 30, 2023 $10,153.40 Less the rent deposit: -$3,400.00 August 01, 2021 to January Less the interest owing on the 30, 2023 -$47.79 rent deposit Plus daily compensation owing for each day of occupation $111.78 (per day) starting January 31, 2023 Total the Tenant must pay the Landlord: $34,186 +$111.78 per day starting January 31, 2023 Order Page: 4 of 4