Evictly

LTB Order LTB-L-027483-22

Citation
2023 ONLTB 33703
Decided
2023-05-02
Rental unit
MAIN FLOOR, 3010 BENTLEY DR MISSISSAUGA ON L5M6W2
Landlord
D.L.A.W.L.
Tenant
W.L.L.A.L.T.A.L.B.
RTA section
s. 69
Order under Section 69 Residential Tenancies Act, 2006 Citation: D. L. v La-Belle T., 2023 ONLTB 33703 Date: 2023-05-02 2023 ONLTB 33703 (CanLII) File Number: LTB-L-027483-22 In the matter of: MAIN FLOOR, 3010 BENTLEY DR MISSISSAUGA ON L5M6W2 Between: D.L.A.W.L. L. A. La-Belle T. A. L. B. Tenant D.L.A.W.L. (the 'L.') applied for an order to terminate the tenancy A. evict La-Belle T. A. L. B. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 20, 2023 at 09:00 am. Only the L. D. L. attended the hearing. As of 09:30 am, 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 L.'s evidence. Determinations: 1. The L. 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. The Tenant was in possession of the rental unit on the date the application was filed. 3. The Tenant vacated the rental unit on May 31, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $2,200.00. 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 May 31, 2022 are $9,064.16. 7. There is no last month's rent deposit. It is ordered that: Order Page: 1 of 3 File Number: LTB-L-027483-22 1. The tenancy between the L. A. the Tenant is terminated as of May 31, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the L. $9,064.16. 3. If the Tenant does not pay the L. the full amount owing on or before May 13, 2023, 2023 ONLTB 33703 (CanLII) the Tenant will start to owe interest. This will be simple interest calculated from May 14, 2023 at 6.00% annually on the balance outstanding. May 2, 2023 Date Issued Kelly Delaney Member, L. A. Tenant Board 15 Grosvenor St, 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 3 File Number: LTB-L-027483-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 33703 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $9,064.16 Application Filing Fee $0.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 L. owes the Tenant for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the L. $9,064.16 Order Page: 3 of 3