LTB Order LTB-L-092915-25

Order under Section 78(6) Residential Tenancies Act, 2006 File Number: LTB-L-092915-25 In the matter of: Upper Unit (C), 291 ERIE ST Stratford ON N5A2N1 Between: D.B. Landlord NOV 10, 2025 And L.A.W. Tenant D.B. (the 'Landlord') applied for an order to terminate the tenancy and evict L. A W. (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 May 30, 2025, with respect to application LTB-L-014679-25. 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(s) specified in the order: i. The Tenant failed to pay the full $100.00 towards arrears on or before October 15, 2025. ii. The Tenant failed to pay to the Landlord the lawful rent of $1,900.00 in full and on time, on or before October 15, 2025. 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 $2,148.50 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $1,948.50 and that amount is included in this order. This order replaces order LTB-L-014679-25. 5. Since the date of the previous order, the Tenant has failed to pay the full rent that became owing for the period from July 15, 2025, to November 14, 2025. Order Page 1 of 4  File Number: LTB-L-092915-25 6. The Landlord collected a rent deposit of $2,100.00 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 October 16, 2024, to November 10, 2025. 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 $62.47. This amount is calculated as follows: $1,900.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-014679-25 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 November 21, 2025. 3. If the unit is not vacated on or before November 21, 2025, then starting November 22, 2025, 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 November 22, 2025. 5. As of the date of this order, the amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the compensation for damage the Landlord is entitled to by -$683.04. 6. However, the Landlord is authorized to deduct the following from the amount the Landlord owes the Tenant: $62.47 per day for compensation for the use of the unit starting November 11, 2025, to the date the Tenant moves out of the unit. 7. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. November 10, 2025 ____________________________ Date Issued Kelly Delaney Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until November 20, 2025, 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 November 20, 2025, the order will be stayed and the LTB will schedule a hearing. Order Page 2 of 4  File Number: LTB-L-092915-25 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 May 22, 2026, 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-092915-25 Summary of Calculations Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to June 14, 2025 order $1,948.50 New Arrears July 15, 2025, to November 10, 2025 -$(475.30) Less the rent deposit: -$2,100.00 October 16, Less the interest owing on the 2024, to November 10, 2025 -$56.24 rent deposit Plus, daily compensation owing for each day of occupation $62.47 (per day) starting November 11, 2025 Total the Tenant must pay the Landlord: -$(683.04) + $62.47 per day starting November 11, 2025 Order Page 4 of 4