Evictly

LTB Order LTB-L-062711-22

Citation
2023 ONLTB 29327
Decided
2023-04-03
Rental unit
311, 1720 PARIS STREET SUDBURY ONTARIO P3E3C2
Landlord
L.V.A.
Tenant
Landlord PANORAMIC PROPERTIES INC And NICHOLAS ROY
RTA section
s. 69
Order under Section 69 2023 ONLTB 29327 (CanLII) Residential Tenancies Act, 2006 Citation: PANORAMIC PROPERTIES INC v ROY, 2023 ONLTB 29327 Date: 2023-04-03 File Number: LTB-L-062711-22 In the matter of: 311, 1720 PARIS STREET SUDBURY ONTARIO P3E3C2 Between: L.V.A. Landlord PANORAMIC PROPERTIES INC A. NICHOLAS ROY Tenant L.V.A. PANORAMIC PROPERTIES INC (the 'Landlord') applied for an order to terminate the tenancy A. evict NICHOLAS ROY (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 27, 2023. Only the Landlord’s agent, Lauren Brace, attended the hearing. 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 was in possession of the rental unit on the date the application was filed. 3. The Tenant vacated the rental unit on September 30, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $. It was due on the 1st day of each month. Order Page: 1 of 3 5. The Tenant has paid $1,449.00 to the Landlord since the application was filed. 6. The rent arrears owing to September 30, 2022 are $1,499.00. 7. The Landlord incurred costs of $201.00 for filing the application A. is entitled to reimbursement of those costs. 2023 ONLTB 29327 (CanLII) File Number: LTB-L-062711-22 8. The Landlord collected a rent deposit of $1,449.00 from the Tenant A. this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. I have considered all of the evidence presented at the hearing A. all of the oral testimony A. although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 10. This order contains all reasons for the determinations A. order made. No further reasons will be issued. It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated as of September 30, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $251.00. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit A. the cost of filing the application. The rent deposit A. interest the Landlord owes on the rent deposit is deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the Landlord the full amount owing on or before April 14, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 15, 2023 at 6.00% annually on the balance outstanding. April 3, 2023 ____________________________ Date Issued Greg Brocanier 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 *Note: When the LTB directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice. 2023 ONLTB 29327 (CanLII) File Number: LTB-L-062711-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $2,948.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,449.00 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 - $1,449.00 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 $251.00 Order Page: 3 of 3