Evictly

LTB Order LTB-L-056206-22

Citation
2023 ONLTB 32559
Decided
2023-04-25
Rental unit
103, 107 COMPTON ST KINGSTON ON K7K5Z5
Landlord
S.L.
Tenant
G.B.A.S.L.
RTA section
s. 69
Order under Section 69 2023 ONLTB 32559 (CanLII) Residential Tenancies Act, 2006 Citation: S.L. v G. B., 2023 ONLTB 32559 Date: 2023-04-25 File Number: LTB-L-056206-22 In the matter of: 103, 107 COMPTON ST KINGSTON ON K7K5Z5 Between: S.L. Landlord A. G.B.A.S.L. Tenants S.L. (the 'Landlord') applied for an order to terminate the tenancy A. evict G. B. A. S. L. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques This application was heard by videoconference on April 12, 2023. The Landlord's Legal Representative Julia Keeping A. the Tenants attended the hearing 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 17, 2023. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent was $1,295.97. 5. The Tenant has paid $7,009.67 to the Landlord since the application was filed. 6. The rent arrears owing to February 17, 2023 are $2,209.24. 7. The Landlord is entitled to $120.00 to reimburse the Landlord for administration charges A. $0.00 for bank fees the Landlord incurred as a result of 6 cheques given by or on behalf of the Tenant which were returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 2023 ONLTB 32559 (CanLII) Order Page: 1 of 2 File Number: LTB-L-056206-22 9. The parties agree the outstanding amount is $2,515.19. They have also agreed the wish this amount be due one month after this order is written or interest will start to occur. It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated as of February 17, 2023, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $2,515.19. 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 A. unpaid NSF charges. The rent deposit A. interest the Landlord owes on the rent deposit is deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the Landlord the full amount owing on or before May 25, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 26, 2023 at 6.00% annually on the balance outstanding. April 25, 2023 ____________________________ Date Issued Anthony Bruno 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 2 2023 ONLTB 32559 (CanLII)