LTB Order LTB-L-034169-22
- Citation
- 2023 ONLTB 23954
- Decided
- 2023-03-03
- Rental unit
- UNIT 202, 256 LESTER ST Waterloo ON N2L0K3
- Landlord
- Accommod8u Inc
- Tenant
- D.B.
- RTA section
- s. 69
Order under Section 69
Residential Tenancies Act, 2006
2023 ONLTB 23954 (CanLII)
Citation: Accommod8u Inc v B., 2023 ONLTB 23954
Date: 2023-03-03
File Number: LTB-L-034169-22
In the matter of: UNIT 202, 256 LESTER ST Waterloo
ON N2L0K3
Between: Accommod8u Inc Landlord
And
D.B. Tenant
Accommod8u Inc (the 'Landlord') applied for an order to terminate the tenancy and evict D.
B. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes.
This application was heard by videoconference on January 31, 2023.
The Landlord and the Tenant attended the hearing
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 $. 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 August 31, 2022, are $7,470.00.
7. The Landlord incurred costs of $186.00 for filing the application and is entitled to
reimbursement of those costs.
Order Page: 1 of 4
8. The Landlord collected a rent deposit of $1,694.00 from the Tenant and this deposit is still
being held by the Landlord. The rent deposit is applied to the arrears of rent because the
tenancy terminated.
9. Interest on the rent deposit, in the amount of $17.99 is owing to the Tenant for the period
from October 13, 2020, to August 31, 2022.
2023 ONLTB 23954 (CanLII)
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
2. The Tenant shall pay to the Landlord $5,944.01. 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.
The rent deposit and interest the Landlord owes on the rent deposit is deducted from the
amount owing by the Tenant. 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 March 14, 2023,
the Tenant will start to owe interest. This will be simple interest calculated from March 15,
2023, at 5.00% annually on the balance outstanding.
March 3, 2023 ____________________________
Date Issued Poeme Manigat
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 4
2023 ONLTB 23954 (CanLII)
File Number: LTB-L-034169-22
Schedule 1
SUMMARY OF CALCULATIONS
A. Amount the Tenant must pay as the tenancy is terminated
Rent Owing To Move Out Date $7,470.00
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 - $1,694.00
Less the amount of the interest on the last month's rent deposit - $17.99
Less the amount the Landlord owes the Tenant for an - $0.00
{abatement/rebate}
Less the amount of the credit that the Tenant is entitled to - $0.00
Total amount owing to the Landlord $5,944.01
Order Page: 3 of 4
Order Page: 4 of 4
2023 ONLTB 23954 (CanLII)