LTB Order LTB-L-058880-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: S. v O., 2023 ONLTB 23382 2023 ONLTB 23382 (CanLII) Date: 2023-03-03 File Number: LTB-L-058880-22 In the matter of: 23, 112 SIMPSON STREET THUNDER BAY ONTARIO P7C3H1 Between: S.S. Landlord And D.O. Tenant S.S. (the 'Landlord') applied for an order to terminate the tenancy and evict D. O. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 15, 2023. Only the Landlord attended the hearing. As of 9:48 a.m., the Tenant was 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 Tenant with an invalid Notice to End Tenancy Early for Non- payment of Rent (N4 Notice). The rent amount indicated on the N4 notice is incorrect, flowing from that, the amount the Tenant had to pay to void the notice is also incorrect. 2. The Landlord opted to seek an order for the arrears only. 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent is $425.00. It is due on the 1st day of each month. 5. The Tenant has paid $515.00 to the Landlord since the application was filed. 6. The rent arrears owing to February 28, 2023 are $4,377.50. 7. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. It is ordered that: 1. The Tenant shall pay to the Landlord $4,578.50. This amount includes rent arrears owing up to February 28, 2023 and the cost of the application. Order Page: 1 of 2  File Number: LTB-L-058880-22 2. If the Tenant does not pay the Landlord the full amount owing on or before March 14, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 15, 2023 at 5.00% annually on the balance outstanding. 2023 ONLTB 23382 (CanLII) March 3, 2023 Date Issued Emily Robb Member, Landlord and Tenant Board 15 Grosvenor Street, 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