Evictly

LTB Order LTB-L-065860-22

Citation
2023 ONLTB 38953
Decided
2023-05-26
Rental unit
105, 414 JARVIS ST TORONTO ON M4Y3C2
Landlord
414 Jarvis Residences Corp.
Tenant
M.M.
RTA section
s. 69
Order under Section 69 2023 ONLTB 38953 (CanLII) Residential Tenancies Act, 2006 Citation: 414 Jarvis Residences Corp. v M.M., 2023 ONLTB 38953 Date: 2023-05-26 File Number: LTB-L-065860-22 In the matter of: 105, 414 JARVIS ST TORONTO ON M4Y3C2 Between: 414 Jarvis Residences Corp. Landlord and M.M. Tenant 414 Jarvis Residences Corp. (the 'Landlord') applied for an order to terminate the tenancy and evict M.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 11, 2023. The Landlord’s Legal Representative, Victoria Orlandi, attended the hearing. As of 11:08 a.m., the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. Determinations: 1. The Landlord’s Certificate of Service for the Notice to End Tenancy Early for Non-payment of Rent (N4 Notice) was unsigned and the individual who served the N4 Notice was not available to attend the hearing. 2. The Landlord’s Representative advised the Tenant made a payment by cheque the day before the hearing that, once cleared, will satisfy all but $7.40 of the arrears owing and cost of filing the application. 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent is $1,366.20. 5. In the above circumstances, the Landlord sought an order only for the outstanding amount of $7.40. As a result, I find the Tenant paid all arrears for the period ending May 31, 2023, after the application was filed and this order is limited to costs only and not eviction. It is ordered that: 1. The Tenant shall pay to the Landlord $7.40 for the cost of filing the application. 2023 ONLTB 38953 (CanLII) Order Page: 1 of 2 File Number: LTB-L-065860-22 2. If the Tenant does not pay the Landlord the full amount owing on or before June 6, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 7, 2023, at 6.0% annually on the balance outstanding. May 26, 2023 ____________________________ Date Issued Rebecca Case 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 2023 ONLTB 38953 (CanLII)