LTB Order LTB-L-063374-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 30627 (CanLII) Citation: V. v S., 2023 ONLTB 30627 Date: 2023-04-11 File Number: LTB-L-063374-22 In the matter of: 101, 349 QUEENSTON STREET ST. CATHARINES ON L2P2Y1 Between: BUTERA PROPERTY HOLDINGS INC. A. L. L. V. A. K. S. Tenant BUTERA PROPERTY HOLDINGS INC. A. L. V. (the 'L.') applied for an order to terminate the tenancy A. evict K. S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 28, 2023 at 1:00 pm. Only the L. Representative Lauren Brace attended the hearing. As of 1:30 pm, 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. 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 $1,173.63. It was due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. Order Page: 1 of 3  6. The rent arrears owing to September 30, 2022 are $102.00 7. The L. incurred costs of $201.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 2023 ONLTB 30627 (CanLII) File Number: LTB-L-063374-22 It is ordered that: 1. The tenancy between the L. 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 L. $303.00. 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. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the L. the full amount owing on or before April 22, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 23, 2023 at 6.00% annually on the balance outstanding. April 11, 2023 ____________________________ Date Issued Kelly Delaney Member, L. 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-063374-22 Schedule 1 2023 ONLTB 30627 (CanLII) SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $102.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $0.00 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 L. 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 L. $303.00 Order Page: 3 of 3