Evictly

LTB Order LTB-L-014827-25

Decided
2025-06-25
Rental unit
1102, 10 Wilby Crescent Toronto ON M9N0B6
Landlord
B.K.J.
Tenant
J.L.M.P.
RTA section
s. 59
Order under Subsection 87(1) Residential Tenancies Act, 2006 Date: 2025-06-25 File Number: LTB-L-014827-25 In the matter of: 1102, 10 Wilby Crescent Toronto ON M9N0B6 Between: B. K. J. 25, 2025 Landlord And J. L. M. Parredon-McKenzie Tenant B. K. (the 'Landlord') applied for an order requiring M. Parredon-McKenzie (the 'Tenant') to pay the rent that the Tenant owes. This application was heard by videoconference on May 21, 2025. The Landlord and the Tenant attended the hearing. Preliminary Issue: 1. At the outset of the hearing the Landlord sought to amend their application from an L9 application to an L1 application as they were seeking eviction for tenancy. 2. The Landlord testified that he had provided an N4 Notice of termination to the Tenant after the application was filed. 3. The requirement of a serving a notice under section 59 of the Residential Tenancies Act, 2006 (the ‘Act’), was not met as the Landlord had not provided a notice prior to the Landlord filing an application, therefore the amendment could not be considered. Determinations: 1. As of the hearing date, the Tenant was still in possession of the rental unit. 2. The Tenant did not pay the total rent they were required to pay for the period from February 15, 2025 to June 14, 2025. 3. The lawful rent is $2,700.00. It is due on the 15th day of each month. 4. The Tenant has not made any payments since the application was filed. 5. The rent arrears owing to June 14, 2025 are $10,800.00. The Tenant does not dispute this. 6. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 2 File Number: LTB-L-014827-25 It is ordered that: 1. The Tenant shall pay to the Landlord $10,986.00. This amount includes rent arrears owing up to June 14, 2025 and the cost of the application. 2. If the Tenant does not pay the Landlord the full amount owing on or before July 6, 2025, the Tenant will start to owe interest. This will be simple interest calculated from July 7, 2025 at 5.00% annually on the balance outstanding. June 25, 2025 ____________________________ Date Issued J. L. Member, Landlord and Tenant Board 15 Grosvenor Street, 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 2