LTB Order LTB-L-075281-22

2023 CanLII 131472 (ON LTB) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: O. N. Profit H. Date: 2023-01-27 File Number: LTB-L-075281-22 In the matter of: 405, 5 ROSEMARY RD ORILLIA ON L3V 3P6 Between: O.N.P.H. Landlord And D.S. Tenant O. N.-Profit H. (the 'Landlord') applied for an order to terminate the tenancy and evict D.S. (the 'Tenant') because the Tenant did not meet a condition specified in the order issued by the LTB on October 28, 2022 with respect to application LTB-L-028767-22. 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 $1,066.00 (rent) on or before October 1, 2022. The Tenant failed to pay $454.67 (arrears) on or before October 1, 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. Order Page: 1 of 4  File Number: LTB-L-075281-22 4. The Tenant was required to pay $5,456.00 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $5,012.00 and that amount is included in this order. This order replaces order LTB-L-028767-22. 5. Since the date of the previous order, the Tenant has failed to pay the full rent that became 2023 CanLII 131472 (ON LTB) owing for the period from September 1, 2022 to October 31, 2022. 6. The Landlord collected a rent deposit of $85.00 from the Tenant and this deposit is still being held by the Landlord. 7. Interest on the rent deposit is owing to the Tenant for the period from July 1, 2009 to January 27, 2023. 8. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenant is required to pay. 9. 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 $35.05. This amount is calculated as follows: $1,066.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-028767-22 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 07, 2023. 3. If the unit is not vacated on or before February 07, 2023, then starting February 08, 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 08, 2023. 5. The Tenant shall pay to the Landlord $9,120.53 (less any payments the Tenant made after the filing of this application on October 28, 2022). This amount represents the rent owing up to January 27, 2023, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenant shall also pay to the Landlord $35.05 per day for compensation for the use of the unit starting January 28, 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 07, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from February 8, 2023 at 5.00% annually on the balance outstanding. January 27, 2023 Order Page: 2 of 4  File Number: LTB-L-075281-22 Date Issued Kimberly Parish Member, Landlord and Tenant Board 2023 CanLII 131472 (ON LTB) 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until February 06, 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 06, 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 August 08, 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-075281-22 Summary of Calculations Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount 2023 CanLII 131472 (ON LTB) Amount owing from previous Up to July 31, 2022 order $5,012.00 New Arrears September 1, 2022 to January $4,210.08 27 , 2023 Less the rent deposit: -$85.00 July 1, 2009 to January 27, Less the interest owing on the 2023 -$16.55 rent deposit Plus daily compensation owing for each day of occupation $35.05 (per day) starting January 28, 2023 Total the Tenant must pay the Landlord: $9,120.53 +$35.05 per day starting January 28, 2023 Order Page: 4 of 4