LTB Order LTB-L-033444-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: DD ACQUISTIONS PARTNERSHIP v D., 2023 ONLTB 20186 2023 ONLTB 20186 (CanLII) Date: 2023-03-07 File Number: LTB-L-033444-22 In the matter of: 1, 211 THE WEST MALL ETOBICOKE ON M9C1C4 Between: DD ACQUISTIONS PARTNERSHIP Landlord And R.D. Tenant DD ACQUISTIONS PARTNERSHIP (the 'Landlord') applied for an order to terminate the tenancy and evict R.D. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on January 31, 2023. Only the Landlord’s Legal Representative Michelle Forrester attended the hearing. As of 10:33 a.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. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $1,310.54. It is due on the 1st day of each month. 4. The Tenant has paid $11,732.70 to the Landlord since the application was filed. 5. The rent arrears owing to January 31, 2023 are $0.00. 6. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 7. The Tenant has paid the arrears owing to January 31, 2023. Only the filing fee of $186.00 remains outstanding. Order Page: 1 of 2  File Number: LTB-L-033444-22 8. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to grant relief from eviction pursuant to subsection 83(1)(a) of the Act. It is ordered that: 2023 ONLTB 20186 (CanLII) 1. The Tenant shall pay to the Landlord $186.00. 2. If the Tenant does not pay the Landlord the full amount owing by March 18, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 19, 2023 at 5.00% annually on the balance outstanding. March 7, 2023 Date Issued Margo den Haan 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