Evictly

LTB Order LTB-L-024864-22

Citation
2023 ONLTB 15349
Decided
2023-01-17
Rental unit
915, 85 WALNUT ST LONDON ON N6H4P3
Landlord
L.M.C.H.
Tenant
E.G.
RTA section
s. 69
Order under Section 69 Residential Tenancies Act, 2006 Citation: L.M.C.H. Inc. v G., 2023 ONLTB 15349 2023 ONLTB 15349 (CanLII) Date: 2023-01-17 File Number: LTB-L-024864-22 In the matter of: 915, 85 WALNUT ST L. ON N6H4P3 Between: L.M.C.H. Landlord Inc. And E.G. Tenant L.M.C.H. Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict E.G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 5, 2023. Only the Landlord’s representative, P. Haynes, attended the hearing. 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. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $115.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $3.78. This amount is calculated as follows: $115.00 x 12, divided by 365 days. 5. The Tenant has paid $6,464.00 to the Landlord since the application was filed. 6. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 7. No rent arrears are presently owing and the Tenant has a credit position of $2.53, with the Landlord’s application filing fee still owing. Landlord does not seek termination of the tenancy but requests an order for the outstanding portion of the Landlord’s application filing fee. Order Page: 1 of 2 File Number: LTB-L-024864-22 It is ordered that: 1. The Tenant must pay the Landlord the $183.47, representing the outstanding portion of the Landlord’s application filing fee, on or before January 28, 2023. 2023 ONLTB 15349 (CanLII) 2. If the Tenant does not pay the Landlord the full amount owing on or before January 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from January 29, 2023 at 5.00% annually on the balance outstanding. January 17, 2023 Date Issued Lynn Mitchell 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. Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay Rent Owing To January 31, 2023 $6,461.47 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $6,464.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed 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 the Tenant must pay to continue the tenancy $183.47 Order Page: 2 of 2