Evictly

LTB Order LTB-L-004554-23

Citation
2023 ONLTB 30372
Decided
2023-04-11
Rental unit
283 Perry Street Peterborough Ontario K9J2J5
Landlord
G.T.
Tenant
A.F.A.J.G.
RTA section
s. 69
Order under Section 69 2023 ONLTB 30372 (CanLII) Residential Tenancies Act, 2006 Citation: T. v F., 2023 ONLTB 30372 Date: 2023-04-11 File Number: LTB-L-004554-23 In the matter of: 283 Perry Street Peterborough Ontario K9J2J5 Between: G.T. Landlord A. A.F.A.J.G. Tenants G.T. (the 'Landlord') applied for an order to terminate the tenancy A. evict A. F. A. J. G. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 29, 2023 at 9:00 a.m. Only the Landlord attended the hearing. As of 10:23 a.m., the Tenants were 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 Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). The Tenants 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 Tenants were in possession of the rental unit on the date the application was filed. 3. The Tenants vacated the rental unit on September 30, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $1,700.00. It was due on the 1st day of each month. 5. The Tenants have paid $13,566.40 to the Landlord since the application was filed. 6. The rent arrears owing to September 30, 2022 are $33.60 7. The Landlord incurred costs of $201.00 for filing the application A. is entitled to reimbursement of those costs. It is ordered that: 2023 ONLTB 30372 (CanLII) Order Page: 1 of 2 File Number: LTB-L-004554-23 1. The tenancy between the Landlord A. the Tenants is terminated as of September 30, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $234.60. The Tenants owe the Landlord rent arrears owing up to the date the Tenants moved out of the rental unit A. the cost of filing the application. 3. If the Tenants do not pay the Landlord the full amount owing on or before A. 22, 2023, the Tenants will start to owe interest. This will be simple interest calculated from A. 23, 2023 at 6.00% annually on the balance outstanding. A. 11, 2023 Date Issued Peter Pavlovic Member, Landlord A. 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. Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $13,600.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $13,566.40 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenant for an - $0.00 2023 ONLTB 30372 (CanLII) {abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the Landlord $234.60 Order Page: 2 of 2