Evictly

LTB Order LTB-L-036096-22

Citation
2023 ONLTB 19835
Decided
2023-02-16
Rental unit
2903, 11 BOGERT AVE NORTH YORK ON M2N1K4
Landlord
Z.G.
Tenant
Z.A.A.
Order under Subsection 87(1) Residential Tenancies Act, 2006 Citation: G. v A., 2023 ONLTB 19835 2023 ONLTB 19835 (CanLII) Date: 2023-02-16 File Number: LTB-L-036096-22 In the matter of: 2903, 11 BOGERT AVE NORTH YORK ON M2N1K4 Between: Z.G. Landlord And Z.A.A. Tenant Z.G. (the 'Landlord') applied for an order requiring Z.A.A. (the 'Tenant') to pay the rent that the Tenant owes. This application was heard by videoconference on February 2, 2023. The Landlord’s Agent Jack Ma and the Tenant attended the hearing. Determinations: 1. The Landlord’s N4 notice of termination was deemed defective because it indicated that the Tenant made a payment of the full monthly rent in the month that the Landlord alleged no payment was made. As a result, the Landlord requested to convert the application to an L9 application for arrears only. The board consented to this request. 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The Tenant did not pay the total rent they were required to pay for the period from December 1, 2021 to February 28, 2023. 4. The lawful rent is $3,200.00. It is due on the first day of each month. 5. The Tenant has not made any payments since the application was filed. 6. The arrears owing for the period ending February 28, 2023 was $25,900.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 2 It is ordered that: 1. The Tenant shall pay to the Landlord $26,086.00. This amount includes rent arrears owing up to February 28, 2023 and the cost of the application. 2023 ONLTB 19835 (CanLII) 2. If the Tenant does not pay the Landlord the full amount owing on or before February 27, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 28, 2023 at 5.00% annually on the balance outstanding. February 16, 2023 Date Issued Robert Patchett Vice Chair, 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