LTB Order LTB-L-026680-22
- Citation
- 2023 ONLTB 17609
- Decided
- 2023-01-27
- Rental unit
- Basement, 65 BASHIR ST VAUGHAN ON L6A 4B5
- Landlord
- P.
- Tenant
- M.A.
Order under Subsection 87(1)
Residential Tenancies Act, 2006
Citation: P. v A., 2023 ONLTB 17609
2023 ONLTB 17609 (CanLII)
Date: 2023-01-27
File Number: LTB-L-026680-22
In the matter of: Basement, 65 BASHIR ST
VAUGHAN ON L6A 4B5
Between: P. Landlords
Mercan Karagoz
And
M.A. Tenant
P. and Mercan Karagoz (the 'Landlords') applied for an order requiring M.A. (the 'Tenant') to
pay the rent that the Tenant owes.
This application was heard by videoconference on January 16, 2023.
Only the Landlord’s representative Shalini Puri, licensed paralegal attended the hearing.
As of 10:05 a.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 Landlord's evidence.
Determinations:
1. The Tenant vacated the rental unit on October 31, 2022. The Tenant was in possession of
the rental unit on the date the application was filed.
2. The Landlords amended their application to an L9 application solely for arrears of rent and
the filing fee. The Landlords were seeking the arrears outstanding to October 31, 2022.
3. The Tenant did not pay the total rent they were required to pay for the period from October
27, 2021 to October 31, 2022.
4. The lawful rent is $1,750.00. It is due on the 1st day of each month.
5. The Tenant has not made any payments since the application was filed.
6. The tenancy ended on October 31, 2022 as a result of the Tenants moving out in
accordance with a notice of termination, LTB order or agreement to terminate the tenancy.
Therefore, the Tenant's obligation to pay rent also ended on that date
7. The rent arrears and daily compensation owing to October 31, 2022 are $19,250.00.
8. There is no rent being held on deposit.
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9. The Landlords incurred costs of $186.00 for filing the application and is entitled to
reimbursement of those costs.
It is ordered that:
2023 ONLTB 17609 (CanLII)
1. The Tenant shall pay to the Landlords $19,436.00. This amount includes rent arrears
owing up to and the cost of the application.
2. If the Tenant does not pay the Landlords the full amount owing on or before February 7,
2023, the Tenant will start to owe interest. This will be simple interest calculated
from February 8, 2023 at 5.00% annually on the balance outstanding.
January 27, 2023
Date Issued Greg Witt
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.
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