LTB Order LTB-L-032278-22

Order under Subsection 87(1) Residential Tenancies Act, 2006 Citation: Penn Terra Group LTD v W., 2023 ONLTB 19660 2023 ONLTB 19660 (CanLII) Date: 2023-02-09 File Number: LTB-L-032278-22 In the matter of: 306, Bedroom 1, 136 JAMES ST ST CATHARINES ON L2R0B7 Between: Penn Terra Group LTD Landlord And Z.W. Tenant Penn Terra Group LTD (the 'Landlord') applied for an order requiring Z.W. (the 'Tenant') to pay the rent that the Tenant owes. This application was heard by videoconference on January 30, 2023. Only the Landlord attended the hearing. As of 2:48 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 Tenant vacated the rental unit on November 1, 2022. The Tenant was in possession of the rental unit on the date the application was filed. 2. The Landlord amended their application to an L9 application solely for arrears of rent and the filing fee. The Landlord was seeking the arrears outstanding to November 1, 2022. 3. The Tenant did not pay the total rent they were required to pay for the period from January 1, 2022 to November 1, 2022. 4. The lawful rent is $723.00. It is due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. 6. The tenancy ended on November 1, 2022 as a result of the Tenant moving out in accordance with a notice of termination, LTB order or agreement to terminate the tenancy. Therefore, the Tenant's obligation to pay rent also ended on that date. 7. The rent arrears and daily compensation owing to November 1, 2022 are $7,139.00. 8. There is a rent deposit of $715.00 being held by the Landlord. Interest owing on the rent deposit is $38.13. Order Page: 1 of 2  9. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 19660 (CanLII) It is ordered that: 1. The Tenant shall pay to the Landlord $6,571.87. This amount includes rent arrears owing up to November 1, 2022 and the cost of the application, less the rent deposit and the interest owing on the rent deposit. 2. If the Tenant does not pay the Landlord the full amount owing on or before February 20, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 21, 2023 at 5.00% annually on the balance outstanding. February 9, 2023 Date Issued Greg Witt Member, Landlord and Tenant Board 15 Grosvenor Street, 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 2