LTB Order LTB-L-036901-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: B. v P., 2023 ONLTB 20070 Date: 2023-02-13 2023 ONLTB 20070 (CanLII) File Number: LTB-L-036901-22 In the matter of: 35, 2570 SOUTHVALE CRES OTTAWA ON K1B5B7 Between: I.B. Landlord And S.P. Tenant I.B. (the 'Landlord') applied for an order to terminate the tenancy and evict S. P. (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 and the Landlord’s representative, Sikandar Arora attended the hearing. As of 1:49 p.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. 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 6, 2022. The tenancy will be terminated on August 6, 2022 the date the Tenant vacated the rental unit. The Landlord has requested that the rent arrears be calculated up to July 31, 2022. 4. The lawful rent is $1,125.00. 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 July 31, 2022 are $5,335.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 3  File Number: LTB-L-036901-22 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 August 6, 2022, the 2023 ONLTB 20070 (CanLII) date the Tenant moved out of the rental unit. 2. The Tenant shall pay to the Landlord $5,521.00. This amount includes rent arrears owing up to July 31, 2022 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 Camille Clyne 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 3  File Number: LTB-L-036901-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 20070 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To July 31, 2022 $5,335.00 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 of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Total amount owing to the Landlord $5,521.00 Order Page: 3 of 3