Evictly

LTB Order LTB-L-026944-22

Citation
2023 ONLTB 17612
Decided
2023-01-31
Rental unit
1312, 4175 LAWRENCE AVE E TORONTO ON M1E 4T7
Landlord
TORONTO COMMUNITY HOUSING CORP
Tenant
L.M.
Order under Subsection 87(1) Residential Tenancies Act, 2006 Citation: TORONTO COMMUNITY HOUSING CORP v M., 2023 ONLTB 17612 2023 ONLTB 17612 (CanLII) Date: 2023-01-31 File Number: LTB-L-026944-22 In the matter of: 1312, 4175 LAWRENCE AVE E TORONTO ON M1E 4T7 Between: TORONTO COMMUNITY HOUSING CORP Landlord And L.M. Tenant TORONTO COMMUNITY HOUSING CORP (the 'Landlord') applied for an order requiring L. M. (the 'Tenant') to pay the rent that the Tenant owes. This application was heard by videoconference on January 16, 2023. Only the Landlord’s agent Dale Maingot attended the hearing. As of 1:54 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 Landlord's evidence. Determinations: 1. The Tenant vacated the rental unit on December 9, 2022. The Tenant was in possession of the rental unit on the date the application was filed. 2. The Landlord amended their application to an L9 application solely for arrears of rent and the filing fee. The Landlord was seeking the arrears outstanding to December 9, 2022. 3. The Tenant did not pay the total rent they were required to pay for the period from November 1, 2021 to December 9, 2022. 4. The lawful rent is $324.00. 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 December 9, 2022 as a result of the Tenant 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 December 9, 2022 are $4,336.00. 8. There is no rent being held on deposit. Order Page: 1 of 2 9. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. It is ordered that: 2023 ONLTB 17612 (CanLII) 1. The Tenant shall pay to the Landlord $4,522.43. This amount includes rent arrears owing up to and the cost of the application. 2. If the Tenant does not pay the Landlord the full amount owing on or before February 11, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 12, 2023 at 5.00% annually on the balance outstanding. January 31, 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. Order Page: 2 of 2