LTB Order LTB-L-037072-22
- Citation
- 2023 ONLTB 24770
- Decided
- 2023-03-13
- Rental unit
- 114, 915 MIDLAND AVE SCARBOROUGH ON M1K4G1
- Landlord
- J.D.
- Tenant
- A.S.O.M.B.J.D.L.A.R.B.A.S.G.
- RTA section
- s. 69
Order under Section 69
Residential Tenancies Act, 2006
2023 ONLTB 24770 (CanLII)
Citation: D. v B., 2023 ONLTB 24770
Date: 2023-03-13
File Number: LTB-L-037072-22
In the matter of: 114, 915 MIDLAND A.
S. ON M1K4G1
Between: J.D. L.
A.
R. B. A. S. G. Tenants
J.D. (the 'L.') applied for an order to terminate the tenancy A. evict
R. B. A. S. G. (the 'Tenant') because the Tenant did not pay the rent that the
Tenant owes.
This application was heard by videoconference on February 28, 2023.
Only the L. A. their daughter attended the hearing.
As of 9:39a.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 L.'s evidence.
Determinations:
1. The L. 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 December 13, 2022. Rent arrears are calculated up
to the date the Tenant vacated the unit.
4. The lawful rent is $2000.00. It was due on the 1st day of each month.
5. The Tenant has not made any payments since the application was filed.
Order Page: 1 of 3
6. The rent arrears owing to December 13, 2022 are $14,454.75.
7. The L. incurred costs of $186.00 for filing the application A. is entitled to
reimbursement of those costs.
8. There is no last month's rent deposit.
2023 ONLTB 24770 (CanLII)
File Number: LTB-L-037072-22
It is ordered that:
1. The tenancy between the L. A. the Tenant is terminated as of December 13, 2022,
the date the Tenant moved out of the rental unit
2. The Tenant shall pay to the L. $14,640.75. This amount includes rent arrears owing
up to the date the Tenant moved out of the rental unit A. the cost of filing the application.
See Schedule 1 for the calculation of the amount owing.
3. If the Tenant does not pay the L. the full amount owing on or before March 24, 2023,
the Tenant will start to owe interest. This will be simple interest calculated from March 25,
2023 at 5.00% annually on the balance outstanding.
March 13, 2023 ____________________________
Date Issued Amanda Kovats
Member, L. A. 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-037072-22
Schedule 1
2023 ONLTB 24770 (CanLII)
SUMMARY OF CALCULATIONS
A. Amount the Tenant must pay as the tenancy is terminated
Rent Owing To Move Out Date $14,454.75
Application Filing Fee $186.00
NSF Charges $0.00
Less the amount the Tenant paid to the L. 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
Total amount owing to the L. $14,640.75
Order Page: 3 of 3