LTB Order LTB-L-001567-21

Order under Section 69 2023 CanLII 90520 (ON LTB) Residential Tenancies Act, 2006 File Number: LTB-L-001567-21 In the matter of: 44 INVERKIP AVE OTTAWA ON K1T4B8 Between: A.K. Landlord And C.V. Tenant A.K. (the 'Landlord') applied for an order to terminate the tenancy and evict C. V. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 21, 2023. Only the Landlord attended the hearing. As of 09:24, the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant did not void the notice by paying the amount of rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. 2. The Tenant was in possession of the rental unit on the date the application was filed. 3. The Tenant vacated the rental unit on December 27, 2022. Before me, the Landlord claimed $21,586.00 is owing, inclusive of the $186.00 filing fee. Based on the monthly rent and the information on the L1/L9 Information Update filed by the Landlord, the Tenant would owe at least this amount. 4. There is no last month's rent deposit. 5. On the L1/L9 Information Update and before me, the Landlord also claimed compensation for damages caused to the rental unit by the Tenant. Those damages were discovered after the Tenant vacated and the Tenant had no notice of this claim by the Landlord. For  that reason, I am not awarding the Landlord any additional compensation. The Landlord may pursue other remedies to recover compensation from the Tenant. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of December 27, 2022, 2023 CanLII 90520 (ON LTB) the date the Tenant moved out of the rental unit Order Page: 1 of 2 File Number: LTB-L-001567-21 2. The Tenant shall pay to the Landlord $21,586.00. 3. If the Tenant does not pay the Landlord the full amount owing on or before May 15, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 16, 2023 at 6.00% annually on the balance outstanding. May 4, 2023 ____________________________ Date Issued E. Patrick Shea Vice Chair, Landlord and Tenant Board 15 Grosvenor St, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.