LTB Order LTB-L-076134-22

Order under Section 69 2023 ONLTB 41196 (CanLII) Residential Tenancies Act, 2006 Citation: J.S. v N.C., 2023 ONLTB 41196 Date: 2023-06-06 File Number: LTB-L-076134-22 In the matter of: 1269 BLOOR ST W TORONTO ON M6H1N7 Between: J.S. Landlord And N.C. Tenant J.S. (the 'Landlord') applied for an order to terminate the tenancy and evict N.C. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 25, 2023. Only the Landlord J.S. attended the hearing. As of 10:00 a.m., the Tenants 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. Since the Tenant did not attend and the Landlord was prepared to proceed, the matter proceeded by way of an uncontested hearing pursuant to section 7 of the Statutory Powers Procedure Act, R.S.O. 1990. Determinations: Preliminary Issue 1. As a preliminary issue, I pointed out to the Landlord the rent tables on the N4 notice of termination were not completed. The “rent owing” boxes contained no entries and the “total rent owing” area of the N4 notice was left blank. As a result, I found the N4 notice defective. I explained the options available to the Landlord and he elected to proceed seeking an order for the rent arrears only. Rent Arrears 2. As of the hearing date, the Tenant was still in possession of the rental unit.  3. The lawful rent is $990.00. It is due on the 1st day of each month. 4. The Tenant has paid $2,230.00 to the Landlord since the application was filed. 5. The rent arrears owing to May 31, 2023 are $5,850.00. Order Page: 1 of 2 2023 ONLTB 41196 (CanLII) File Number: LTB-L-076134-22 6. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. It is ordered that: 1. The Tenant shall pay to the Landlord $6,036.00 for rent arrears owing to May 31, 2023 and costs. 2. If the Tenant does not pay the Landlord the full amount owing on or before June 17, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 18, 2023 at 6.00% annually on the balance outstanding. June 6, 2023 ____________________________ Date Issued John Cashmore Member, 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.