LTB Order LTB-L-081348-22

2023 CanLII 137930 (ON LTB) Order under Section 78(6) Residential Tenancies Act, 2006 File Number: LTB-L-081348-22 In the matter of: D, 42 CHURCH ST W SMITHS FALLS ON K7A1P7 Between: Flex Property Developments Inc. Landlord And A.M. Tenants Skylar Duchene Flex Property Developments Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict A.M. and Skylar Duchene (the 'Tenants') and for an order to have the Tenants pay the rent they owe because the Tenants did not meet a condition specified in the order issued by the LTB on December 6, 2022 with respect to application LTB-L-057423-22. 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 Tenants to terminate the tenancy and evict the Tenants if the Tenants do not meet certain condition(s) in the order. This application was filed within 30 days of the breach. Order Page: 1 of 4  File Number: LTB-L-081348-22 2. I find that the Tenants have not met the following conditions specified in the order: The Tenants failed to pay December’s lawful rent on December 1, 2022. The Tenants failed to pay $577.20 to arrears on November 25, 2022. The Tenants failed to pay $577.20 to arrears on December 9, 2022. 3. The previous application includes a request for an order for the payment of arrears of rent and the 2023 CanLII 137930 (ON LTB) order requires the Tenants 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 Tenants was required to pay $2,700.00 for rent arrears, and the application filing fee in the previous order. The amount that is still owing from that order is $2,050.00 and that amount is included in this order. 5. Since the date of the previous order, the Tenants have failed to pay the full rent that became owing for the period from December 1, 2022 to December 31, 2022. 6. The Landlord collected a rent deposit of $1,850.00 from the Tenants and this deposit is still being held by the Landlord. 7. Interest on the rent deposit of $20.26 is owing to the Tenants for the period from June 15, 2022 to March 17, 2023. 8. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenants are required to pay. 9. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenants move out of the unit at a daily rate of $60.82. This amount is calculated as follows: $1,850.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-057423-22 is cancelled. 2. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before March 28, 2023. 3. If the unit is not vacated on or before , then starting , 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 March 29, 2023. 5. The Tenants shall pay to the Landlord $6,763.68 (less any amounts paid to the Landlord after the declaration in support of this application was made on December 23, 2022.) This amount represents the rent owing up to March 17, 2023 and the cost of filing the application, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenants shall also pay to the Landlord $60.82 per day for compensation for the use of the unit starting March 18, 2023 to the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before March 28, 2023 , the Tenants will start to owe interest. This will be a simple interest calculated from March 29, 2023 at 5.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-081348-22 March 17, 2023 ____________________________ Date Issued Elle Venhola Member, Landlord and Tenant Board 2023 CanLII 137930 (ON LTB) 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants has until to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the Tenants file the motion by 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 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-081348-22 Summary of Calculation 2023 CanLII 137930 (ON LTB) Order Page: 4 of 4