LTB Order LTB-L-075724-22

2023 ONLTB 31826 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Capreit Limited Partnership v O., 2023 ONLTB 31826 Date: 2023-04-18 File Number: LTB-L-075724-22 In the matter of: 302, 1 CHERITAN AVE TORONTO ON M4R2C8 Between: Capreit Limited Partnership Landlord And K.O. Tenant On December 8, 2022, Capreit Limited Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict K.O. (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 4, 2022, with respect to application LTB-L-014173-22. 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 conditions specified in the order: The Tenant failed to pay to the Landlord $750.00 on or before November 25, 2022, towards arrears of rent. The Tenant also failed to pay to the Landlord the lawful rent on or before December 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 Order Page: 1 of 4  addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 4. The Tenant was required to pay $14,819.00 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $14,819.00 and that amount is included in this order. This order replaces order LTB-L-014173-22. 2023 ONLTB 31826 (CanLII) 5. Since the date of the previous order, the Tenant has failed to pay the full rent that became owing for the period from October 1, 2022, to December 31, 2022. File Number: LTB-L-075724-22 6. [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 $53.57. This amount is calculated as follows: $1,629.32 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-014173-22 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 April 29, 2023. 3. If the unit is not vacated on or before April 29, 2023, then starting April 30, 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 April 30, 2023. 5. The Tenant shall pay to the Landlord $25,559.18 *(Less any payments made by the Tenant after this application was filed on December 8, 2022). This amount represents the rent owing up to April 18, 2023m and the cost of filing the previous application. 6. The Tenant shall also pay to the Landlord $53.57 per day for compensation for the use of the unit starting April 19, 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 April 29, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from April 30, 2023, at 6.00% annually on the balance outstanding. April 18, 2023 ____________________________ Date Issued Ian Speers Associate Chair, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 Order Page: 2 of 4 The Tenant has until April 28, 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 April 28, 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 31826 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on October 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. File Number: LTB-L-075724-22 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to September 30, 2022 order $14,819.00 New Arrears October 1, 2022, to April 18, 2023 $10,740.18 Plus daily compensation owing for each day of occupation $53.57 (per day) starting April 19, 2023 Total the Tenant must pay the Landlord: $25,559.18 +$53.57 per day starting April 19, 2023 Order Page: 3 of 4 Order Page: 4 of 4 2023 ONLTB 31826 (CanLII)