Evictly

LTB Order LTB-L-071016-22

Citation
2023 ONLTB 39125
Decided
2023-05-24
Rental unit
2, 27 SOUTH BARTLETT ST KINGSTON ON K7K1X3
Landlord
G.G.
Tenant
P.M.
RTA section
s. 69
Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 39125 (CanLII) Citation: G.G. v P.M., 2023 ONLTB 39125 Date: 2023-05-24 File Number: LTB-L-071016-22 In the matter of: 2, 27 SOUTH BARTLETT ST KINGSTON ON K7K1X3 Between: G.G. Landlord And P.M. Tenants Suzanne M. G.G. (the 'Landlord') applied for an order to terminate the tenancy and evict P.M. and Suzanne 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. Only the Landlord's Legal Representative, L. McCullough, attended the hearing. As of 1:45 p.m., the Tenants were not present or represented at the hearing although properly served with notice of this hearing by the Board. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenants 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 Tenants were in possession of the rental unit on the date the application was filed. 3. The lawful rent is $1,476.00. 4. The Tenants have paid $1,440.00 to the Landlord since the application was filed. 5. The residential complex was sold on January 24, 2023. 6. The rent arrears owing to January 24, 2023 are $3,824.72. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. It is ordered that: Order Page: 1 of 3 1. The Tenants shall pay to the Landlord $4,010.72. This amount includes rent arrears owing up to the January 24, 2023, and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. File Number: LTB-L-071016-22 2023 ONLTB 39125 (CanLII) 2. If the Tenants do not pay the Landlord the full amount owing on or before June 24, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 25, 2023 at 6.00% annually on the balance outstanding. May 24, 2023 Date Issued Jitewa Edu Member, Landlord and 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-071016-22 Schedule 1 2023 ONLTB 39125 (CanLII) SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $5,264.72 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $1,440.00 application was filed Total amount owing to the Landlord $4,010.72 Order Page: 3 of 3