LTB Order LTB-L-008224-23
- Citation
- 2023 ONLTB 30938
- Decided
- 2023-04-11
- Rental unit
- 121 Highmark Dr Woodbridge ON L4H0J6
- Landlord
- S.H.
- Tenant
- G.H.
- RTA section
- s. 87(1)
Order under Section 87(1)
Residential Tenancies Act, 2006
Citation: H. v H., 2023 ONLTB 30938
Date: 2023-04-11
2023 ONLTB 30938 (CanLII)
File Number: LTB-L-008224-23
In the matter of: 121 Highmark Dr
Woodbridge ON L4H0J6
Between: S.H. Landlord
And
G.H. Tenant
S.H. (the 'Landlord') applied for an order requiring G.H. (the 'Tenant') to pay
the rent that the Tenant owes.
This application was heard by videoconference on March 28, 2023.
Only the Landlord attended the hearing.
As of 11:00am, 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 March 21, 2023. Pursuant to the N4 served to the
Tenant on January 6, 2023, rent arrears are calculated up to the date the Tenant vacated
the unit.
4. The lawful rent is $3,300.00. It was due on the 1st day of each month.
5. The Tenant has not made any payments since the application was filed.
6. The rent arrears owing to March 21, 2023, are $20,536.13.
7. The Landlord incurred costs of $201.00 for filing the application and is entitled to
reimbursement of those costs.
8. There is no last month's rent deposit.
Order Page: 1 of 3
File Number: LTB-L-008224-23
It is ordered that:
1. The tenancy between the Landlord and the Tenant is terminated as of March 21, 2023, the
date the Tenant moved out of the rental unit
2023 ONLTB 30938 (CanLII)
2. The Tenant shall pay to the Landlord $ 20,737.13. This amount includes rent arrears owing
up to the date the Tenant moved out of the rental unit and the cost of filing the application.
See Schedule 1 for the calculation of the amount owing.
3. If the Tenant does not pay the Landlord the full amount owing on or before April 22, 2023,
the Tenant will start to owe interest. This will be simple interest calculated from April 23,
2023 at 6.00% annually on the balance outstanding.
April 11, 2023
Date Issued Robert Brown
Member, 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.
*Note: When the LTB directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the
appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the
date of the notice.
Order Page: 2 of 3
File Number: LTB-L-008224-23
Schedule 1
SUMMARY OF CALCULATIONS
2023 ONLTB 30938 (CanLII)
A. Amount the Tenant must pay as the tenancy is terminated
Rent Owing To Move Out Date $20,536.13
Application Filing Fee $201.00
NSF Charges $0.00
Less the amount the Tenant paid to the Landlord since the - $0.00
application was filed
Less the amount the Tenant 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 - $0.00
an {abatement/rebate}
Less the amount of the credit that the Tenant is entitled to - $0.00
Total amount owing to the Landlord $20,737.13
Order Page: 3 of 3