LTB Order LTB-L-027127-22
- Citation
- 2023 ONLTB 20080
- Decided
- 2023-02-15
- Rental unit
- 292 MCBRIDE CRES NEWMARKET ON L3X2W3
- Landlord
- A.B.
- Tenant
- J.J.
- RTA section
- s. 69
Order under Section 69
Residential Tenancies Act, 2006
Citation: B. v J., 2023 ONLTB 20080
2023 ONLTB 20080 (CanLII)
Date: 2023-02-15
File Number: LTB-L-027127-22
In the matter of: 292 MCBRIDE CRES
NEWMARKET ON L3X2W3
Between: A.B. Landlord
And
J.J. Tenant
A.B. (the 'Landlord') applied for an order to terminate the tenancy and evict J.
J. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes.
This application was heard by videoconference on January 17, 2023.
The Landlord and Landlord’s Agent, Hooman B., attended the hearing.
As of 2:00 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 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 $2,350.00. It is due on the 1st day of each month.
4. After the application was filed, the Tenant paid all arrears owing for the period ending
January 31, 2023.
5. The Landlord incurred costs of $186.00 for filing the application and is entitled to
reimbursement of those costs.
6. The only amount outstanding is the Landlord’s cost of filing the application. As a result, the
order will be limited to costs only.
Order Page: 1 of 2
File Number: LTB-L-027127-22
It is ordered that:
1. The Tenant shall pay to the Landlord $186.00, which represents the cost of filing the
application with the Board.
2023 ONLTB 20080 (CanLII)
2. If the Tenant does not pay the Landlord the full amount owing by February 26, 2023, the
Tenant will start to owe interest. This will be simple interest calculated from February 27,
2023 at 5.00% annually on the balance outstanding.
February 15, 2023
Date Issued Susan Priest
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