LTB Order LTB-L-035720-22
- Citation
- 2023 ONLTB 19842
- Decided
- 2023-02-17
- Rental unit
- 2314, 15 TOBERMORY DR NORTH YORK ON M3N2R5
- Landlord
- T.C.H.C.
- Tenant
- A.A.
- RTA section
- s. 69
Order under Section 69
Residential Tenancies Act, 2006
Citation: T.C.H.C. v A., 2023 ONLTB 19842
Date: 2023-02-17
2023 ONLTB 19842 (CanLII)
File Number: LTB-L-035720-22
In the matter of: 2314, 15 TOBERMORY DR
NORTH YORK ON M3N2R5
Between: T.C.H.C. Landlord
And
A.A. Tenant
T.C.H.C. (the 'Landlord') applied for an order to terminate the
tenancy and evict A.A. (the 'Tenant') because the Tenant did not pay the rent
that the Tenant owes.
This application was heard by videoconference on February 2, 2023. The Landlord's Legal
Representative, R. Abera, attended the hearing. As of 2:49 p.m., the Tenant was not present or
represented at the hearing although properly served with notice of this hearing by the LTB.
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 November 30, 2022. Rent arrears are calculated up
to the date the Tenant vacated the unit.
4. The lawful rent is $498.00.
5. The Tenant has not made any payments since the application was filed.
6. The rent arrears owing to November 30, 2022 are $5,825.00.
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 November 30, 2022,
the date the Tenant moved out of the rental unit
Order Page: 1 of 3
File Number: LTB-L-035720-22
2. The Tenant shall pay to the Landlord $6,011.00. 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 March 18, 2023,
2023 ONLTB 19842 (CanLII)
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.
February 17, 2023
Date Issued Jitewa Edu
Member, Landlord and Tenant Board
15 Grosvenor St, Ground Floor
T. 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-035720-22
Schedule 1
SUMMARY OF CALCULATIONS
A. Amount the Tenant must pay as the tenancy is terminated
2023 ONLTB 19842 (CanLII)
Rent Owing To Move Out Date $5,825.00
Application Filing Fee $186.00
Total amount owing to the Landlord $6,011.00
Order Page: 3 of 3