LTB Order LTB-L-030640-22
- Citation
- 2023 ONLTB 17199
- Decided
- 2023-01-27
- Rental unit
- 15, 41 VALLEYVIEW RD KITCHENER ON N2E3H9
- Landlord
- SIREG MANAGMENT INC.
- Tenant
- S.E.
- RTA section
- s. 69
Order under Section 69
Residential Tenancies Act, 2006
Citation: SIREG MANAGMENT INC. v E., 2023 ONLTB 17199
Date: 2023-01-27
2023 ONLTB 17199 (CanLII)
File Number: LTB-L-030640-22
In the matter of: 15, 41 VALLEYVIEW RD
KITCHENER ON N2E3H9
Between: SIREG MANAGMENT INC. Landlord
And
S.E. Tenant
SIREG MANAGMENT INC. (the 'Landlord') applied for an order to terminate the tenancy and
evict S.E. (the 'Tenant') because the Tenant did not pay the rent that the Tenant
owes.
This application was heard by videoconference on January 19, 2023.
Only the Landlord’s Agent Laveena Sansal attended the hearing.
As of 1:56 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. 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 31, 2022. Rent arrears are calculated up to
the date the Tenant vacated the unit.
4. The lawful rent is $1,245.00. It was due on the first day of each month.
5. The Tenant has not made any payments since the application was filed.
6. The rent arrears owing to August 31, 2022 are $6,770.00.
7. The Landlord incurred costs of $186.00 for filing the application and is entitled to
reimbursement of those costs.
8. There is no last month's rent deposit.
Order Page: 1 of 3
File Number: LTB-L-030640-22
It is ordered that:
1. The tenancy between the Landlord and the Tenant is terminated as of August 31, 2022,
the date the Tenant moved out of the rental unit
2023 ONLTB 17199 (CanLII)
2. The Tenant shall pay to the Landlord $6,956.00. 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.
3. If the Tenant does not pay the Landlord the full amount owing on or before February 7,
2023, the Tenant will start to owe interest. This will be simple interest calculated from
February 8, 2023 at 5.00% annually on the balance outstanding.
January 27, 2023
Date Issued Robert Patchett
Vice Chair, 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-030640-22
Schedule 1
SUMMARY OF CALCULATIONS
2023 ONLTB 17199 (CanLII)
A. Amount the Tenant must pay as the tenancy is terminated
Rent Owing To Move Out Date $6,770.00
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 $6,956.00
Order Page: 3 of 3