LTB Order LTB-L-049811-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 34044 (CanLII) Citation: A. v Legge, 2023 ONLTB 34044 Date: 2023-05-01 File Number: LTB-L-049811-22 In the matter of: 28 WILKERSON ST THOROLD ON L2V0G4 Between: S.S.A.Y.A. L. A. D. Tries-H., H. H. A. Tenants Victoria Legge S.S.A.Y.A. (the 'L.') applied for an order to terminate the tenancy A. evict D. Tries-H., H. H. A. Victoria Legge (the 'Tenants') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 16, 2023. Only the L. attended the hearing. As of 1:23 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 Landlord's evidence. Determinations: 1. The L. 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 October 31, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,350.00. 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 October 31, 2022 are $7,250.00. Order Page: 1 of 3  7. The L. incurred costs of $186.00 for filing the application A. are entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 2023 ONLTB 34044 (CanLII) File Number: LTB-L-049811-22 It is ordered that: 1. The tenancy between the L. A. the Tenants is terminated as of October 31, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the L. $7,436.00. 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 L. the full amount owing on or before May 12, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 13, 2023 at 6.00% annually on the balance outstanding. May 1, 2023 ____________________________ Date Issued H. Kenny 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. File Number: LTB-L-049811-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $7,250.00 Application Filing Fee $186.00 Order Page: 2 of 3 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed 2023 ONLTB 34044 (CanLII) 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 L. owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the L. $7,436.00 Order Page: 3 of 3