LTB Order LTB-L-063810-22

Order under Subsection 87(1) 2023 ONLTB 27528 (CanLII) Residential Tenancies Act, 2006 Citation: R.T. v R., 2023 ONLTB 27528 Date: 2023-03-24 File Number: LTB-L-063810-22 In the matter of: 701, 355 Melvin Avenue Hamilton Ontario L8H2K9 Between: R.T. Landlord And R.C.R. Tenant R.T. (the 'Landlord') applied for an order requiring R.C.R. (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 Joey Kay 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 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 July 1, 2022 to October 31, 2022. 3. The lawful rent is $1,414.72. It is due on the 1st day of each month. 4. The Tenant has paid $150.00 to the Landlord after the application was filed. 5. The Tenant is no longer in possession of the rental unit. The Tenant gave notice to end the tenancy on August 1, 2022. The Tenant vacated on August 31, 2022. As the Tenant failed to give 60 days’ written notice, the Tenant's obligation to pay rent ends on October 31, 2022. The Landlord, however, was able to re-rent the unit on October 12, 2022. Therefore, the Tenant is obligated to pay rent to October 11, 2022. Order Page: 1 of 2  File Number: LTB-L-063810-22 6. The Landlord applied the last month’s rent deposit towards the rent owing for the 11 days in October 2022. The rent arrears owing to September 30, 2022 are $878.29. 7. The Landlord incurred costs of $201.00 for filing the application and is entitled to 2023 ONLTB 27528 (CanLII) reimbursement of those costs. It is ordered that: 1. The Tenant shall pay to the Landlord $1,079.29. 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 4, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 5, 2023 at 5.00% annually on the balance outstanding. March 24, 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