LTB Order LTB-L-034412-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: The Effort Trust Company v F., 2023 ONLTB 19734 Date: 2023-02-13 2023 ONLTB 19734 (CanLII) File Number: LTB-L-034412-22 In the matter of: 108, 455 UPPER GAGE AVE HAMILTON ON L8V4J3 Between: The Effort Trust Company Landlord And W.F. Tenant The Effort Trust Company (the 'Landlord') applied for an order to terminate the tenancy and evict W.F. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 1, 2023. Only the Landlord’s legal representative, Danielle Molloy, 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 September 30, 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 September 30, 2022 are $2,910.00. 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. 9. I have considered all of the evidence presented at the hearing and all of the oral testimony and although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. Order Page: 1 of 3  File Number: LTB-L-034412-22 10. This order contains all reasons for the determinations and order made. No further reasons will be issued. 2023 ONLTB 19734 (CanLII) It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of September 30, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $3,096.00. 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 24, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 25, 2023 at 5.00% annually on the balance outstanding. February 13, 2023 Date Issued Greg Brocanier 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. *Note: When the LTB directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice. Order Page: 2 of 3  File Number: LTB-L-034412-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 19734 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $2,910.00 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 $3,096.00 Order Page: 3 of 3