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)