Case Study

LTB Order LTB-L-038581-26 – Eviction for Breach of Prior Order | Toronto

Romero-Bahadur v. Kelichi: Section 78 eviction granted for failure to pay May 2026 rent following prior LTB order

🕑 Case timeline

Application Date: May 2, 2026

Hearing Date: No hearing held

Order Issued: May 8, 2026

Termination Date: May 19, 2026

Eviction Deadline: May 19, 2026

ℹ️ Case overview

Case Number: LTB-L-038581-26
Address: 1106, 20 Shore Breeze Dr, Toronto ON M8V0C7
Form Used: Section 78 application (no new notice required)
Served By: Not applicable – decided without a hearing
Amount Awarded: $5,251.41 + $103.56 per day from May 9, 2026
Decision In Favor: Landlord
Application Type: Eviction for breach of prior order conditions and non-payment of rent (Section 78)
RTA Sections: Section 78 – Application without notice for breach of prior order conditions, Section 78(6) – Order under which this decision is issued, Section 78(9) – Tenant's right to file motion to set aside within 10 days, Section 81 – Eviction order expiry if not filed with Sheriff by November 20, 2026

👥 Parties involved

Landlord: Byrongene Romero-Bahadur
Landlord Rep: Self Represented
Tenant: David Kelichi
Tenant Rep: Self Represented
Adjudicator: Alicia Johnson
Keywords: section 78, non-payment of rent, breach of order, eviction, rent arrears, rent deposit, daily compensation, Toronto

⚖️ Decision summary

Order LTB-L-014448-26 is cancelled and replaced by this order.
Tenancy terminated; Tenant must vacate by May 19, 2026.
Tenant ordered to pay $5,251.41 (less any payments made after May 2, 2026) plus $103.56 per day from May 9, 2026.
If not paid by May 19, 2026, simple interest at 4.00% annually accrues on the outstanding balance from May 20, 2026.
Tenant had until May 18, 2026 to file a motion to set aside the order under Section 78(9); if filed, the order would be stayed pending a hearing.
Eviction order expires November 20, 2026 if not filed with the Court Enforcement Office (Sheriff) by that date.

⚠️ Dispute summary

Landlord Byrongene Romero-Bahadur applied under Section 78 to evict Tenant David Kelichi for breaching the prior LTB order by failing to pay rent due May 1, 2026.
The prior order (LTB-L-014448-26) required the Tenant to pay $7,636.00 in arrears and filing fees; the full amount remained unpaid.
New arrears of $828.48 accrued for the period May 1–8, 2026, in addition to the outstanding prior order balance.
The Landlord held a $3,150.00 rent deposit, and interest of $63.07 accrued on that deposit from May 26, 2025 to May 8, 2026, both applied to reduce the amount owed.

📑 Findings & determinations

The Tenant breached the prior order by failing to pay the lawful monthly rent due May 1, 2026; the Section 78 application was filed within 30 days of the breach.
The full $7,636.00 owing under the prior order remained unpaid and is carried into this order.
New arrears of $828.48 arose for the period May 1–8, 2026.
The rent deposit of $3,150.00 and interest of $63.07 are applied against the total amount owed.
Daily compensation of $103.56 (calculated as $3,150.00 x 12 ÷ 365) is awarded from May 9, 2026 until the Tenant vacates.

💡 Summary points

Landlord filed a Section 78 application after Tenant failed to pay lawful monthly rent due May 1, 2026, breaching the prior order LTB-L-014448-26 dated April 30, 2026.
The application was decided without a hearing, as permitted under Section 78 of the Residential Tenancies Act, 2006.
Tenancy terminated effective May 19, 2026; Sheriff enforcement authorized from May 20, 2026.
Tenant owes $5,251.41 (arrears, filing fee, less rent deposit and interest) plus $103.56 per day from May 9, 2026.
Prior order LTB-L-014448-26 is cancelled and replaced by this order.
📄 View Official PDF

Share this case

🧑‍⚖️ Same adjudicator

Alicia Johnson