LTB Order LTB-L-060828-22

Order under Section 87(1) Residential Tenancies Act, 2006 2023 ONLTB 34041 (CanLII) Citation: L. v Turrell, 2023 ONLTB 34041 Date: 2023-05-04 File Number: LTB-L-060828-22 In the matter of: 403, 106 Pine Street Kingston Ontario K7K1W7 Between: J.L.A.Z.U.C. Landlord Foundation Inc A. Phyllis Turrell Tenant J.L.A.Z.U.C. Foundation Inc (the 'Landlord') applied for an order to terminate the tenancy A. evict Phyllis Turrell (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 29, 2023. Only the Landlord’s agent, J. L. A. their legal representative, J. Valkenier attended the hearing. As of 10:00am, the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was a request to adjourn submitted by the Tenant. However, she did not obtain the Landlord’s consent, the Board did not grant her request prior to the hearing being held, nor did the Tenant attend the hearing to support her request. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. As of the date of the hearing, the Tenant was in possession of the rental unit 2. The Tenant did not pay the rent that they were required to pay from the period of June 1, 2021 to March 31, 2023. 3. The lawful rent is $712.00 due on the first day of each month. 4. The Tenant has paid $2,848.00 to the Landlord since the application was filed. 5. The rent arrears A. costs owing to March 31, 2023 are $5,882.00. Order Page: 1 of 3 It is ordered that: 1. The Tenant shall pay to the Landlord $5,882.00. This amount includes rent arrears owing up to the date the hearing A. the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 34041 (CanLII) File Number: LTB-L-060828-22 2. If the Tenant does not pay the Landlord the full amount owing on or before May 15, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 16, 2023 at 6.00% annually on the balance outstanding. May 4, 2023 ____________________________ Date Issued Curtis Begg 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 3  File Number: LTB-L-060828-22 Schedule 1 2023 ONLTB 34041 (CanLII) SUMMARY OF CALCULATIONS A. Amount the Tenant must pay. Rent Owing To Move Out Date $8,529.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,848.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $5,882.00 Order Page: 3 of 3