LTB Order LTB-L-079570-22

2023 ONLTB 26157 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Williams & McDaniel Property Management v M., 2023 ONLTB 26157 Date: 2023-03-17 File Number: LTB-L-079570-22-EX In the matter of: 4, 614 MACDONALD AVE SAULT STE. MARIE ON P6B1J5 Between: Williams & McDaniel Property Management Landlord And D.M. Tenant Williams & McDaniel Property Management (the 'Landlord') applied for an order to terminate the tenancy and evict D.M. (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 December 6, 2022 with respect to application LTB-L-055243-22. 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 did not make payment to the Landlord in the amount of $822.00 on or before December 10, 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  File Number: LTB-L-079570-22 addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 4. The Tenant was required to pay $2,466.00 for rent arrears any NSF charges the Landlord incurred, and the application filing fee in the previous order. The amount that is still owing from that order is $1,644.00 and that amount is included in this order. 2023 ONLTB 26157 (CanLII) 5. The Landlord collected a rent deposit of $1,100.00 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 April 11, 2022 to March 17, 2023. 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 $36.16. This amount is calculated as follows: $1,100.00 x 12, divided by 365 days. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before March 28, 2023. 2. If the unit is not vacated on or before March 28, 2023, then starting March 29, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. 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 March 29, 2023. 4. The Tenant shall pay to the Landlord $3,363.41* less any payments made by the Tenant on or after December 12, 2022. This amount represents the rent owing up to March 17, 2023 ,and the cost of filling the previous application and unpaid NSF charges, less the rent deposit and interest the Landlord owes on the rent deposit. 5. The Tenant shall also pay to the Landlord $36.16 per day for compensation for the use of the unit starting March 18, 2023 to the date the Tenant moves out of the unit. 6. If the Tenant does not pay the Landlord the full amount owing on or before March 28, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from March 29, 2023 at 5.00% annually on the balance outstanding. March 17, 2023 ____________________________ Date Issued Curtis Begg Member, Landlord and Tenant Board Order Page: 2 of 4  File Number: LTB-L-079570-22 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 2023 ONLTB 26157 (CanLII) The Tenant has until March 27, 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 March 27, 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 September 29, 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-079570-22 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to November 30, 2022 2023 ONLTB 26157 (CanLII) order $1,644.00 New Arrears to March 17, 2023 $2,814.72 New NSF cheque charges and related administration charges $20.00 Less the rent deposit: -$1,100.00 April 11, 2022 to March 17, Less the interest owing on the 2023 -$15.31 rent deposit Plus daily compensation owing for each day of occupation $36.16 (per day) starting March 18, 2023 Total the Tenant must pay the Landlord: $3,363.41+$36.16 per day starting March 18, 2023 Order Page: 4 of 4