Evictly

LTB Order LTB-L-027404-22

Citation
2023 ONLTB 19709
Decided
2023-02-13
Rental unit
2620 HOLBROOK DRIVE LONDON ON N6M0E4
Landlord
A.R.A.D.K.A.J.S.A.T.M.A.R.A.D.K.T.L.A.F.A.
Tenant
D.K.A.J.S.A.T.M.A.R.A.D.K.T.L.A.F.A.O.T.T.
RTA section
s. 69
O. under Section 69 Residential Tenancies Act, 2006 Citation: K. v S., 2023 ONLTB 19709 Date: 2023-02-13 2023 ONLTB 19709 (CanLII) File Number: LTB-L-027404-22 In the matter of: 2620 HOLBROOK DRIVE LONDON ON N6M0E4 Between: A. R. A. D. K. A. J. S. A. T. M. A. R. A. D. K. (the 'Landlord') A. F. an O. to terminate the tenancy A. evict J. S. A. T. M. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 5, 2023. Only the Landlord attended the hearing. As of 930 a.m., the Tenants were 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 F. 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. The Tenant was in possession of the rental unit on the date the application was filed. 3. The Tenant vacated the rental unit on August 16, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $2,300.00. It was due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to August 16, 2022 are $12,709.92. 7. The Landlord incurred costs of $186.00 F. filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. O. Page: 1 of 3 File Number: LTB-L-027404-22 It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated as of August 16, 2022, the date the Tenant moved out of the rental unit 2023 ONLTB 19709 (CanLII) 2. The Tenant shall pay to the Landlord $12,895.92. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit A. the cost of filing the application. See Schedule 1 F. the calculation of the amount owing. 3. If the Tenant does not pay the Landlord the full amount owing on or before February 24, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 25, 2023 at 5.00% annually on the balance outstanding. February 27, 2023 Date Issued Maria Shaw Member, Landlord A. Tenant Board 15 Grosvenor St, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. *Note: When the LTB directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice. O. Page: 2 of 3 File Number: LTB-L-027404-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 19709 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $12,709.92 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenant F. - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $12,895.92 O. Page: 3 of 3