Evictly

LTB Order LTB-L-063678-22

Citation
2023 ONLTB 27509
Decided
2023-03-30
Rental unit
MAIN UNIT, 261 WALLACE AVE S WELLAND ON L3B1R7
Landlord
2193022 ONTARIO INC.
Tenant
ON L3B1R7 Between: 2193022 ONTARIO INC. Landlord And ROSETTE NAKAWUNGU
Order under Subsection 87(1) 2023 ONLTB 27509 (CanLII) Residential Tenancies Act, 2006 Citation: 2193022 ONTARIO INC. v NAKAWUNGU, 2023 ONLTB 27509 Date: 2023-03-30 File Number: LTB-L-063678-22 In the matter of: MAIN UNIT, 261 WALLACE AVE S WELLAND ON L3B1R7 Between: 2193022 ONTARIO INC. Landlord And ROSETTE NAKAWUNGU Tenant 2193022 ONTARIO INC. (the 'Landlord') applied for an order requiring ROSETTE NAKAWUNGU (the 'Tenant') to pay the rent that the Tenant owes. This application was heard by videoconference on March 14, 2023. Only the Landlord’s representative Francesca Judd attended the hearing. As of 2:00 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 Landlord's evidence. Determinations: 1. The Tenant vacated the rental unit on September 4, 2022. The Tenant was in possession of the rental unit on the date the application was filed. 2. The Tenant did not pay the total rent they were required to pay for the period from November 1, 2021 to September 30, 2022. 3. The lawful rent is $1,750.00. It is due on the 1st day of each month. 4. The Tenant has not made any payments since the application was filed. 5. The Tenant is no longer in possession of the rental unit. The tenancy was not lawfully terminated in accordance with a notice of termination, LTB order or agreement to terminate the tenancy. Therefore, the Tenant's obligation to pay rent ends on September 30, 2022. Order Page: 1 of 2 File Number: LTB-L-063678-22 6. The rent arrears and daily compensation owing to September 30, 2022 are $4,975.00 7. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 27509 (CanLII) It is ordered that: 1. The Tenant shall pay to the Landlord $5,176.00. This amount includes rent arrears owing up to September 30, 2022 and the cost of the application. 2. If the Tenant does not pay the Landlord the full amount owing on or before April 10, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 11, 2023 at 5.00% annually on the balance outstanding. March 30, 2023 ____________________________ Date Issued Dawn Sullivan Vice Chair, 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 File Number: LTB-L-063678-22 2023 ONLTB 27509 (CanLII)