Evictly

LTB Order LTB-L-056297-22

Citation
2023 ONLTB 32587
Decided
2023-04-27
Rental unit
150 KNOTT DRIVE LONDON ON N6L0G6
Landlord
S.N.R.
Tenant
T.M.K.I.G.M.K.G.S.N.R.T.L.A.F.A.O.T.T.
O. under Subsection 87(1) 2023 ONLTB 32587 (CanLII) Residential Tenancies Act, 2006 Citation: S.N.R. v M. K. I. G., 2023 ONLTB 32587 Date: 2023-04-27 File Number: LTB-L-056297-22 In the matter of: 150 KNOTT DRIVE LONDON ON N6L0G6 Between: S.N.R. Landlord And T. M. K. I. G. M. K. G. S.N.R. (the 'Landlord') A. F. an O. to terminate the tenancy and evict M. K. I. G. and M. K. G. (the 'T.’) because the T. did not pay the rent that the T. owe. This application was heard by videoconference on April 13, 2023. The Landlord’s legal representative, Melissa Anjema, attended the hearing. As of 10:21am, the T. 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. At the hearing, the Landlord requested to amend their application F. arrears of rent only and not termination of the tenancy. 2. The Landlord further requested to amend the application to the correct rental period F. the arrears claimed from July 20, 2022 to September 19, 2022 rather than from July 20, 2022 to September 20, 2022. 3. The Landlord confirmed that the correct amount was listed F. the requested amendment period at $5,000.00 on the L1 application. 4. I see no reason to deny the Landlord’s request on the basis that they withdrew their claim F. termination of the tenancy based on the arrears and the amount listed on the application is the same amount F. the period amendment request. 2023 ONLTB 32587 (CanLII) O. Page: 1 of 2 File Number: LTB-L-056297-22 5. The T. were still in possession of the rental unit on the hearing date. 6. The T. did not pay the rent they were required to F. the period from July 20, 2022 to April 19, 2023. 7. The lawful rent is $3,000.00. It is due on the 20th day of each month. 8. The Tenant has not made any payments since the application was filed. 9. The rent arrears owing to April 19, 2023, are $26,000.00 10. The Landlord incurred costs of $186.00 F. filing the application and is entitled to reimbursement of those costs. It is ordered that: 1. The T. shall pay to the Landlord $26,186.00. This amount includes rent arrears owing up to April 19, 2023 and the cost of the application. 2. If the T. do not pay the Landlord the full amount owing on or before May 8, 2023, the T. will start to owe interest. This will be simple interest calculated from May 9, 2023 at 6.00% annually on the balance outstanding. April 27, 2023 ____________________________ Terri van Huisstede Date Issued Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. O. Page: 2 of 2 2023 ONLTB 32587 (CanLII)