LTB Order LTB-L-077257-22

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 18164 (CanLII) Citation: Equiton Residential Income Fund LP v Travis-Wint, 2023 ONLTB 18164 Date: 2023-02-03 File Number: LTB-L-077257-22 In the matter of: 104, 87 Mary Street Chatham Ontario N7L1A5 Between: Equiton Residential Income Fund LP Landlord And A.T. Tenant Equiton Residential Income Fund LP (the 'Landlord') applied for an order to terminate the tenancy and evict A.T. (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 27, 2022 with respect to application SWL-54245-21. 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: Tenant failed to pay $629.07 towards arrears and costs on or before October 17, 2022. (The Tenant paid $400.00 on October 21, 2022). The Tenant failed to pay $629.07 towards arrears on or before October 30, 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 $5,153.15 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $4,753.15 and that amount is included in this order. 5. Since the date of the previous order, the Tenant has failed to pay the full rent that became owing for the period from November 1, 2022 to November 30, 2022. Order Page: 1 of 4  File Number: LTB-L-077257-22 6. The Landlord collected a rent deposit of $1,116.94 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 May 02, 2021 to February 03, 2023. 2023 ONLTB 18164 (CanLII) 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 $36.43. This amount is calculated as follows: $1,108.14 x 12, divided by 365 days. It is ordered that: 1. Order SWL-54245-21 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 14, 2023. 3. If the unit is not vacated on or before February 14, 2023, then starting February 15, 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 15, 2023. 5. The Tenant shall pay to the Landlord $7,054.43*(Less any payments made by the Tenant after this application was filed on November 3, 2022). This amount represents the rent owing up to February 03, 2023, the application fee for the previous application, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenant shall also pay to the Landlord $36.43 per day for compensation for the use of the unit starting February 4, 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 14, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from February 15, 2023 at 5.00% annually on the balance outstanding. February 3, 2023 ___________________ Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until February 13, 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 13, 2023 the order will be stayed and the LTB will schedule a hearing. Order Page: 2 of 4  File Number: LTB-L-077257-22 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 15, 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. 2023 ONLTB 18164 (CanLII) * Refer to the attached Summary of Calculations. Order Page: 3 of 4  File Number: LTB-L-077257-22 Summary of Calculations Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 18164 (CanLII) Amount owing from previous Up to October 31, 2022 order $4,753.15 New Arrears November 1, 2022 to February 03, 2023 $3,434.23 New NSF cheque charges and related administration charges $0.00 Less the rent deposit: -$1,116.94 May 02, 2021 to February 03, Less the interest owing on the 2023 -$16.01 rent deposit Plus daily compensation owing for each day of occupation $36.43 (per day) starting February 04, 2023 Total the Tenant must pay the Landlord: $7,054.43 +$36.43 per day starting February 04, 2023 Order Page: 4 of 4