LTB Order LTB-L-081530-22

2023 ONLTB 26372 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: R. v Lloyd (hogg), 2023 ONLTB 26372 Date: 2023-03-20 File Number: LTB-L-081530-22-EX In the matter of: 860 BREALEY DR PETERBOROUGH ON K9K1P6 Between: N.R.A. Landlord Visture Property Management A. Elizabeth "Betsy" Lloyd (Hogg) Tenant N.R.A. Visture Property Management (the 'Landlord') applied for an order to terminate the tenancy A. evict Elizabeth "Betsy" Lloyd (Hogg) (the 'Tenant') A. 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 November 24, 2022 with respect to application LTB-L-023508-22. This application was decided without a hearing being held. Determinations: 1. The previous 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 A. 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 $375.00 on or before December 22, 2022 representing an arrears payment from the November 24, 2022 mediated agreement. 3. The previous application includes a request for an order for the payment of arrears of rent A. the order requires the Tenant to make payments by specific due dates. Accordingly, in Order Page: 1 of 4  File Number: LTB-L-081530-22-EX addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 4. The Tenant was required to pay $9,648.20 for rent arrears, A. the application filing fee in the previous order. The amount that is still owing from that order is $8,898.20 A. that amount is included in this order. 2023 ONLTB 26372 (CanLII) 5. The Landlord collected a rent deposit of $1,100.00 from the Tenant A. this deposit is still being held by the Landlord. 6. Interest on the rent deposit is owing to the Tenant for the period from November 01, 2019 to March 20, 2023. 7. The amount of the rent deposit A. 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 $36.60. This amount is calculated as follows: $1,113.20 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-023508-22 is cancelled. 2. The tenancy between the Landlord A. the Tenant is terminated. The Tenant must move out of the rental unit on or before March 31, 2023. 3. If the unit is not vacated on or before March 31, 2023, then starting April 01, 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 01, 2023. 5. The Tenant shall pay to the Landlord $10,710.45* (less any amount paid to the Landlord after the declaration made in support of this application was made on December 27, 2022.) This amount represents the rent owing up to March 20, 2023, A. the cost of filling the application, less the rent deposit A. interest the Landlord owes on the rent deposit. 6. The Tenant shall also pay to the Landlord $36.60 per day for compensation for the use of the unit starting March 21, 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 March 31, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from April 1, 2023 at 5.00% annually on the balance outstanding. March 20, 2023 ____________________________ Date Issued André-Paul Baillargeon-Smith Member, Landlord A. Tenant Board Order Page: 2 of 4  File Number: LTB-L-081530-22-EX 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until March 30, 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 30, 2023 the order will be stayed A. the 2023 ONLTB 26372 (CanLII) 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 October 01, 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-081530-22-EX 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 26372 (CanLII) order $8,898.20 New Arrears January 1, 2023 to March 20, 2023 $2,958.40 New NSF cheque charges A. related administration charges $0.00 Less the rent deposit: -$1,100.00 November 01, 2019 to March Less the interest owing on the 20, 2023 -$46.15 rent deposit Plus daily compensation owing for each day of occupation $36.60 (per day) starting March 21, 2023 Total the Tenant must pay the Landlord: $10,710.45 +$36.60 per day starting March 21, 2023 Order Page: 4 of 4