Evictly

LTB Order LTB-L-023727-22

Citation
2023 ONLTB 31674
Decided
2023-04-19
Rental unit
2, 12 Melbourne Street East Lindsay Ontario K9V1X3
Landlord
S.V.
Tenant
D.N.
RTA section
s. 69
Order under Section 69 2023 ONLTB 31674 (CanLII) Residential Tenancies Act, 2006 Citation: V. v N., 2023 ONLTB 31674 Date: 2023-04-19 File Number: LTB-L-023727-22 In the matter of: 2, 12 Melbourne Street East Lindsay Ontario K9V1X3 Between: S.V. Landlord And D.N. Tenant S.V. (the 'Landlord') applied for an order to terminate the tenancy and evict D. N. (the 'Tenant') because: • the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on September 19, 2022. Only the Landlord attended the hearing. As of 10:02 AM, 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 Tenant was in possession of the rental unit on the date the application was filed. 2. The Tenant moved out of the rental unit on May 20, 2022. The Tenant did not pay rent for May 2022. 3. The Landlord compensated the Tenant an amount equal to one month's rent by April 30, 2022. 4. The lawful monthly rent was $870.00. 5. The Landlord is not holding a last month's rent deposit. Daily compensation, rent deposit 6. The Tenant was required to pay the Landlord $28.60 in daily compensation for use and occupation of the rental unit for the period from May 1, 2022 to May 20, 2022. 2023 ONLTB 31674 (CanLII) Order Page 1 of 2 File Number: LTB-L-023727-22 7. There is no last month's rent deposit. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of May 20, 2022, the date the Tenant moved out of the unit. 2. The Tenant shall pay to the Landlord $572.00, which represents the amount of rent/compensation for the use of the unit owing up to May 20, 2022. 3. The Tenant shall pay the full amount owing by April 30, 2023. 4. If the Tenant does not pay the Landlord the full amount owing on or before April 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 1, 2023 at 6.00% annually on the balance outstanding April 19, 2023 ____________________________ Date Issued Donna Adams 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 2023 ONLTB 31674 (CanLII)