Evictly

LTB Order LTB-L-031692-22

Citation
2023 ONLTB 18591
Decided
2023-02-06
Rental unit
2, 4 DUNCAN ST E HUNTSVILLE ON P1H1V9
Landlord
F.B.
Tenant
J.M.
RTA section
s. 69
Order under Section 69 Residential Tenancies Act, 2006 Citation: B. v M., 2023 ONLTB 18591 2023 ONLTB 18591 (CanLII) Date: 2023-02-06 File Number: LTB-L-031692-22 In the matter of: 2, 4 DUNCAN ST E HUNTSVILLE ON P1H1V9 Between: F.B. Landlord And J.M. Tenant F.B. (the 'Landlord') applied for an order to terminate the tenancy and evict J. M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 30, 2023. Only the Landlord’s legal representative, J. Brad Chudyk attended the hearing As of 11:46 a.m. the Tenant was not present or represented at the hearing. Determinations: 1. The Landlord served the Tenant with a Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). 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 July 31, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $700.00. 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 July 31, 2022 are $7,000.00. 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. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of July 31, 2022, the date the Tenant moved out of the rental unit Order Page: 1 of 3 File Number: LTB-L-031692-22 2. The Tenant shall pay to the Landlord $7,186.00. 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 17, 2023 ONLTB 18591 (CanLII) 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 18, 2023 at 5.00% annually on the balance outstanding. February 6, 2023 Date Issued Debbie Mosaheb 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-031692-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 18591 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $7,000.00 Application Filing Fee $186.00 Total amount owing to the Landlord $7,186.00 Order Page: 3 of 3