LTB Order LTB-L-014131-22

lOrder under Section 69 Residential Tenancies Act, 2006 Citation: 2131313 Ontario Ltd. v M., 2023 ONLTB 17512 Date: 2023-01-30 2023 ONLTB 17512 (CanLII) File Number: LTB-L-014131-22 In the matter of: 206 McGivern Street Walkerton ON N0G2V0 Between: 2131313 Ontario Ltd. A. A. L. F. A. G. M. Tenant 2131313 Ontario Ltd. A. A. F. (the 'L.') applied for an order to terminate the tenancy A. evict G. M. (the 'Tenant') because:  the Tenant did not pay the rent that the Tenant owes, (L1 application) A.  the L. require possession of the rental unit in order to demolish the unit (L2 application). This application was heard by videoconference on January 23, 2023. Only the L. A. A. Troy F. attended the hearing As of approximately 12:00 p.m., 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 L.’ evidence. Determinations: 1. The L. 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 August 5, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $1,400.00. It was due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. Order Page: 1 of 3  File Number: LTB-L-014131-22 6. The L1/L9 update sheet was amended at the hearing due to clerical error to reflect arrears owing to August 5, 2022 in the amount of $8,600.00. This includes the credit given to the Tenant for 1 month’s rent in compensation for the N13 Notice. 7. The rent arrears owing to August 5, 2022 are $8,600.00. 2023 ONLTB 17512 (CanLII) 8. The L. incurred costs of $201.00 for filing the application A. are entitled to reimbursement of those costs. 9. The L. collected a rent deposit of $825.00 from the Tenant, but by agreement of the parties the deposit was applied to an earlier month of rent A. is no longer held by the L.. 10. Because the Tenant is no longer in possession of the rental unit, the L2 application for termination of the tenancy A. eviction in order to demolish the unit is dismissed. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated as of August 5, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the L. $8,801.00. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit A. the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the L. the full amount owing on or before February 10, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 11, 2023 at 5.00% annually on the balance outstanding. January 30, 2023 Date Issued Margo den Haan 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. Order Page: 2 of 3  File Number: LTB-L-014131-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 17512 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $8,600.00 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 Total amount owing to the Landlord $8,801.00 Order Page: 3 of 3