LTB Order LTB-L-060060-22

Order under Section 69 2023 ONLTB 38075 (CanLII) Residential Tenancies Act, 2006 Citation: T. v R. C., 2023 ONLTB 38075 Date: 2023-05-19 File Number: LTB-L-060060-22 In the matter of: 511, 120 CUMBERLAND ST S T. B. ON P7B5R7 Between: T. L. A. R. C. Tenant T. (the 'L.') applied for an order to terminate the tenancy A. evict R. C. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 25, 2023. Only the L.’s legal representative B. Mcconkey-Kennelly attended the hearing. As of 2:16 p.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 L.'s evidence. Determinations: 1. The L. 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. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $145.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $4.77. This amount is calculated as follows: $145.00 x 12, divided by 365 days. 5. The rent arrears owing to April 30, 2023 are $1.00. 6. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 7. There is no last month's rent deposit.  8. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties A. whether the L. attempted to negotiate a repayment agreement with the Order Page: 1 of 2 2023 ONLTB 38075 (CanLII) File Number: LTB-L-060060-22 Tenant, A. find that it would not be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The L. requested an order for arrears only. Based on the amount outstanding, I am satisfied this relief is appropriate. It is ordered that: 1. The Tenant shall pay to the L. $187.00. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. 2. If the Tenant does not pay the L. the full amount owing on or before May 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 31, 2023 at 6.00% annually on the balance outstanding. May 19, 2023 ____________________________ Date Issued Camille Tancioco Member, L. A. 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 2023 ONLTB 38075 (CanLII)