Evictly

LTB Order LTB-L-044299-22

Citation
2023 ONLTB 29543
Decided
2023-04-05
Rental unit
1, 93 ALFRED ST BRANTFORD ON N3S5G1
Landlord
2138150 ONTARIO INC
Tenant
B.O.A.J.T.
RTA section
s. 69
Order under Section 69 Residential Tenancies Act, 2006 Citation: 2138150 ONTARIO INC v O., 2023 ONLTB 29543 Date: 2023-04-05 2023 ONLTB 29543 (CanLII) File Number: LTB-L-044299-22 In the matter of: 1, 93 ALFRED ST BRANTFORD ON N3S5G1 Between: 2138150 ONTARIO INC Landlord A. B.O.A.J.T. Tenants 2138150 ONTARIO INC (the 'Landlord') applied for an order to terminate the tenancy A. evict B.O.A.J.T. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 1, 2023. Only the Landlord’s legal representative, A. Rogers, attended the hearing. As of 2:00 p.m., 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 Landlord's evidence. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Non- payment 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 September 9, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $1,912.00. 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 September 9, 2022 are $5,197.74. 7. The Landlord 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. Order Page: 1 of 3 File Number: LTB-L-044299-22 It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of September 9, 2022, the date the Tenants moved out of the rental unit 2023 ONLTB 29543 (CanLII) 2. The Tenants shall pay to the Landlord $5,383.74. This amount includes rent arrears owing up to the date the Tenants 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 Tenants do not pay the Landlord the full amount owing on or before April 16, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 17, 2023 at 6.00% annually on the balance outstanding. April 5, 2023 Date Issued Nancy Morris Member, Landlord 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-044299-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 29543 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $5,197.74 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 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 Less the amount the Landlord owes the Tenant for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $5,383.74 Order Page: 3 of 3