LTB Order LTB-L-051262-22
- Citation
- 2023 ONLTB 30106
- Decided
- 2023-04-11
- Rental unit
- Main, 371 AMBROSE ST THUNDER BAY ON P7B1M1
- Landlord
- R.D.
- Tenant
- J.N.
- RTA section
- s. 69
2023 ONLTB 30106 (CanLII)
Order under Section 69
Residential Tenancies Act, 2006
Citation: D. v N., 2023 ONLTB 30106
Date: 2023-04-11
File Number: LTB-L-051262-22
In the matter of: Main, 371 AMBROSE ST
THUNDER BAY ON P7B1M1
Between: R.D. Landlord
And
J.N. Tenant
R.D. (the 'Landlord') applied for an order to terminate the tenancy and evict J.N.
(the 'Tenant') because the Tenant did not pay the rent that the Tenant owes.
This application was heard by videoconference on March 28, 2023. The Landlord’s Agent, T.
Bramley and the Landlord's Legal Representative, C. Stewart, attended the hearing. As of 1:48
p.m., the Tenant was not present or represented at the hearing although properly served with notice
of this hearing by the Board.
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 February 28, 2023. Rent arrears are calculated up to
the date the Tenant vacated the unit.
4. The Tenant has not made any payments since the application was filed.
5. The rent arrears owing to February 28, 2023 are $11,922.80.
6. The Landlord incurred costs of $186.00 for filing the application and is entitled to
reimbursement of those costs.
7. There is no last month's rent deposit.
Order Page: 1 of 3
It is ordered that:
1. The tenancy between the Landlord and the Tenant is terminated as of February 28, 2023,
the date the Tenant moved out of the rental unit
2. The Tenant shall pay to the Landlord $12,108.80. This amount includes rent arrears owing
up to the date the Tenant moved out of the rental unit and the cost of filing the application.
2023 ONLTB 30106 (CanLII)
See Schedule 1 for the calculation of the amount owing.
File Number: LTB-L-051262-22
3. If the Tenant does not pay the Landlord the full amount owing on or before May 11, 2023,
the Tenant will start to owe interest. This will be simple interest calculated from May 12, 2023
at 6.00% annually on the balance outstanding.
April 11, 2023 ____________________________
Date Issued Jitewa Edu
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-051262-22
Schedule 1
2023 ONLTB 30106 (CanLII)
SUMMARY OF CALCULATIONS
A. Amount the Tenant must pay as the tenancy is terminated
Rent Owing To Move Out Date $11,922.80
Application Filing Fee $186.00
Total amount owing to the Landlord $12,108.80
Order Page: 3 of 3