LTB Order LTB-L-038905-26 – Eviction for Breach of Prior Order | Vaughan, Ontario

Tenancy terminated effective May 22, 2026; tenants must vacate by that date.
Landlords may file with the Court Enforcement Office (Sheriff) from May 23, 2026 if the unit is not vacated.
Landlords authorized to deduct $85.48 per day from the net amount owed to tenants for each day of occupation from May 12, 2026 onward.
Tenants have until May 21, 2026 to file a motion to set aside the order under Section 78(9) of the RTA, which would stay the order and trigger a hearing.
The eviction portion of the order expires November 23, 2026 if not filed with the Sheriff by that date.

Landlords applied under Section 78 RTA after tenants breached a prior order (LTB-L-101235-25) by not paying $728.92 in outstanding utility costs by April 30, 2026.
The prior order also required payment of utility charges and costs related to substantial interference, which remains enforceable separately.
No hearing was held; the application was processed on the papers within the required 30-day window.

The prior LTB order permitted a Section 78 application without notice if tenants failed to meet specified conditions.
Tenants failed to pay $728.92 toward outstanding utility costs by April 30, 2026, constituting a breach of the prior order.
The LTB lacks authority under Section 78 to order payment of unpaid utility charges; the prior order (LTB-L-101235-25) remains enforceable for those amounts separately.
Landlords are entitled to request compensation for damage as the prior order included such a provision.
The rent deposit of $2,600.00 and interest of $60.88 (March 31, 2025 to May 11, 2026) exceed the compensation and filing costs owed, leaving a net amount of $1,745.96 in tenants' favour before daily compensation offsets.

Tenants failed to pay $728.92 in outstanding utility costs by April 30, 2026, breaching the prior LTB order LTB-L-101235-25.
Application was filed within 30 days of the breach and decided without a hearing under Section 78 of the RTA.
Tenancy terminated; tenants must vacate by May 22, 2026, or face Sheriff enforcement from May 23, 2026.
Landlords hold a $2,600.00 rent deposit plus $60.88 interest, which exceeds the compensation owed, resulting in a net balance of -$1,745.96 in favour of tenants before daily compensation.
Landlords entitled to $85.48 per day compensation from May 12, 2026 until the unit is vacated.