Evictly

LTB Order LTB-L-037081-22

Citation
2023 ONLTB 22605
Decided
2023-02-27
Rental unit
22 Sentimental Way Brampton, ON L7A 2R9
Landlord
D.R.
Tenant
D.R.
RTA section
s. 69
Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 22605 (CanLII) Citation: R. v R., 2023 ONLTB 22605 Date: 2023-02-27 File Number: LTB-L-037081-22 In the matter of: 22 Sentimental Way Brampton, ON L7A 2R9 Between: D.R. Landlords Michael Nandlall And D.R. Tenants Ty-Vari Taylor-Morgan D.R. and Michael Nandlall (the 'Landlords') applied for an order to terminate the tenancy and evict D.R. and Ty-Vari Taylor-Morgan (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on February 13, 2023. Only the Landlord’s Legal Representative Sarah Teal attended the hearing. As of 2:02 pm, the Tenants were 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 Landlords’ evidence. Determinations: 1. The Landlords served the Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). The Tenants 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 Tenants were in possession of the rental unit on the date the application was filed. 3. The Tenants vacated the rental unit on December 1, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,479.40. It was due on the 1st day of each month. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to December 1, 2022 are $24,610.91. Order Page: 1 of 3 7. The Landlords 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. 2023 ONLTB 22605 (CanLII) File Number: LTB-L-037081-22 It is ordered that: 9. The tenancy between the Landlords and the Tenants is terminated as of December 1, 2022, the date the Tenants moved out of the rental unit 10. The Tenants shall pay to the Landlords $24,796.91. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 11. If the Tenants do not pay the Landlords the full amount owing on or before March 10, 2023, the Tenants will start to owe interest. This will be simple interest calculated from March 11, 2023 at 5.00% annually on the balance outstanding. February 27, 2023 ____________________________ Date Issued Jagger Benham 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-037081-22 Schedule 1 2023 ONLTB 22605 (CanLII) SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $24,610.91 Application Filing Fee $186.00 Total amount owing to the Landlords $24,796.91 Order Page: 3 of 3