LTB Order LTB-L-029432-22
- Citation
- 2023 ONLTB 22489
- Decided
- 2023-02-24
- Rental unit
- 2, 157 CHURCH ST SAULT STE. MARIE ON P6A3H7
- Landlord
- 12977729 Canada Inc
- Tenant
- B.S.
- RTA section
- s. 69
Order under Section 69
Residential Tenancies Act, 2006
Citation: 12977729 Canada Inc v S., 2023 ONLTB 22489
Date: 2023-02-24
2023 ONLTB 22489 (CanLII)
File Number: LTB-L-029432-22
In the matter of: 2, 157 CHURCH ST
SAULT STE. MARIE ON P6A3H7
Between: 12977729 Canada Inc Landlord
And
B.S. Tenant
12977729 Canada Inc (the 'Landlord') applied for an order to terminate the tenancy and evict
B.S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes.
This application was heard by videoconference on January 19, 2023.
The Landlord was represented at the hearing by Curt Anderson. 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. The Tenant vacated the rental unit on May 1, 2022. Rent arrears are calculated up to the
date the Tenant vacated the unit.
3. The rent arrears owing to May 1, 2022, are $1,831.00.
4. The Landlord incurred costs of $186.00 for filing the application and is entitled to
reimbursement of those costs.
5. There is no last month's rent deposit.
It is ordered that:
1. The tenancy between the Landlord and the Tenant is terminated as of May 1, 2022, the
date the Tenant moved out of the rental unit
2. The Tenant shall pay to the Landlord $2,017.00 This amount includes rent arrears owing
up to the date the Tenant moved out of the rental unit and the cost of filing the application.
See Schedule 1 for the calculation of the amount owing.
Order Page: 1 of 3
File Number: LTB-L-029432-22
3. If the Tenant does not pay the Landlord the full amount owing on or before March 7, 2023,
the Tenant will start to owe interest. This will be simple interest calculated from March 8,
2023, at 5.00% annually on the balance outstanding.
2023 ONLTB 22489 (CanLII)
February 27, 2023
Date Issued Bryan Delorenzi
Member, Landlord and 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-029432-22
Schedule 1
SUMMARY OF CALCULATIONS
2023 ONLTB 22489 (CanLII)
A. Amount the Tenant must pay as the tenancy is terminated
Rent Owing To Move Out Date $1,831.00
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 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 Landlord $2017.00
Order Page: 3 of 3