LTB Order LTB-L-062058-22

Order under Section 69 2023 ONLTB 35722 (CanLII) Residential Tenancies Act, 2006 Citation: M.C. v T.D.W., 2023 ONLTB 35722 Date: 2023-05-11 File Number: LTB-L-062058-22 In the matter of: 1004, 68 BRAMALEA RD BRAMPTON ON L6T0H2 Between: M.C. Landlord And T.D.W. Tenant M.C. (the 'Landlord') applied for an order to terminate the tenancy and evict T.D.W. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 27, 2023. Only the Landlord's Legal Representative, M. Jelic, attended the hearing. As of 1:45 p.m., the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the Board. 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 is in possession of the rental unit. 3. The lawful rent is $1,821.60. 4. The Tenant has paid $12,763.80 to the Landlord since the application was filed. 5. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 6. The only amount outstanding is a part of the Landlord's cost of filing the application ($150.00). As a result, the order will be limited to costs only and not eviction. 7. The Landlord collected a rent deposit of $1,800.00 from the Tenant and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. It is ordered that: 1. The Tenant shall pay to the Landlord, $150.00 which represents the outstanding balance of the cost of filing the application. 2023 ONLTB 35722 (CanLII) Order Page: 1 of 2 File Number: LTB-L-062058-22 2. If the Tenant does not pay the Landlord the full amount owing on or before May 31, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 1, 2023 at 6% annually on the balance outstanding. May 11, 2023 ____________________________ Date Issued Jitewa Edu 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 2023 ONLTB 35722 (CanLII)