Talk:Jurisdiction (Monetary)(LTB)

Other Decisions

Residential Tenancies Act, 2006

59 (1) If a tenant fails to pay rent lawfully owing under a tenancy agreement, the landlord may give the tenant notice of termination of the tenancy effective not earlier than,

(a) the 7th day after the notice is given, in the case of a daily or weekly tenancy; and

(b) the 14th day after the notice is given, in all other cases. 2006, c. 17, s. 59 (1).

(2) The notice of termination shall set out the amount of rent due and shall specify that the tenant may avoid the termination of the tenancy by paying, on or before the termination date specified in the notice, the rent due as set out in the notice and any additional rent that has become due under the tenancy agreement as at the date of payment by the tenant. 2006, c. 17, s. 59 (2).

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69 (1) A landlord may apply to the Board for an order terminating a tenancy and evicting the tenant if the landlord has given notice to terminate the tenancy under this Act or the Tenant Protection Act, 1997. 2006, c. 17, s. 69 (1).

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87 (1) A landlord may apply to the Board for an order requiring a tenant or former tenant to pay arrears of rent if,

(a) the tenant or former tenant did not pay rent lawfully required under the tenancy agreement; and

(b) in the case of a tenant or former tenant no longer in possession of the rental unit, the tenant or former tenant ceased to be in possession on or after the day subsection 18 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force. 2020, c. 16, Sched. 4, s. 18 (1).

Mittler v McKenna, 2023 ONLTB 77922

It is ordered that:

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5. Pursuant to the Landlord’s L9 application (Board file LTB-L-043864-22), the Tenants shall pay to the Landlord $20,221.00. This amount represents rent arrears owing up to June 14, 2022, administrative costs for one dishonoured cheque and the costs of filing the application. See schedule 1 for the calculation of the amount owing.

6. If the Tenants do not pay the Landlord the full amount owing as set out in paragraph 5 of this order on or before December 16, 2023, the Tenants will start to owe interest. This will be simple interest calculated from December 17, 2023 at 7.00% annually on the balance outstanding.

7. Order LTB-L-065976-22, issued on August 23, 2023, is canceled and replaced with the following:

8. Pursuant to the Landlord’s L1 application (Board file LTB-L-065976-22), the Tenants shall pay to the Landlord $26,280.47. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit is deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing.

9. If the Tenants do not pay the Landlord the full amount owing as set out in paragraph 8 of this order on or before December 31, 2023, the Tenants will start to owe interest. This will be simple interest calculated from January 1, 2024 at 7.00% annually on the balance outstanding.

10. The tenancy between the Landlord and Tenants is terminated effective April 19, 2023, the date the Tenants vacated the rental unit.