LTB Order LTB-L-000768-23

Order under Subsection 87(1) 2023 ONLTB 27945 (CanLII) Residential Tenancies Act, 2006 Citation: M.C.C. v B., 2023 ONLTB 27945 Date: 2023-03-30 File Number: LTB-L-000768-23 In the matter of: 303, 240 Cosburn Avenue East York ON M4J2M1 Between: M.C.C. Landlord And N.B. Tenant M.C.C. (the 'Landlord') applied for an order requiring N.B. (the 'Tenant') to pay the rent that the Tenant owes. This application was heard by videoconference on March 13, 2023. The Landlord did not attend the hearing but was represented by Matt Anderson. As of 2:08 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 vacated the rental unit on August 31, 2022. 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 June 1, 2022 to August 31, 2023. 3. The lawful rent is $1,516.98. It is due on the 1st day of each month. 4. The Tenant had paid $1,100.00 to the Landlord after the application was filed. 5. The tenancy ended on August 31, 2022 as a result of the Tenant moving out in accordance with a notice of termination, LTB order or agreement to terminate the tenancy. Therefore, the Tenant's obligation to pay rent also ended on that date. 6. The rent arrears and daily compensation owing to August 31, 2022 are $3,450.94  7. The Landlord collected a rent deposit of $1,516.98 from the Tenant and this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy is terminated. 2023 ONLTB 27945 (CanLII) Order Page: 1 of 2 File Number: LTB-L-000768-23 8. Interest on the rent deposit, in the amount of $12.28 is owing to the Tenant for the period from August 31, 2022. 9. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. It is ordered that: 1. The Tenant shall pay to the Landlord $2,122.68. This amount includes rent arrears owing up to August 31, 2022 and the cost of the application minus the rent deposit and interest owing. 2. If the Tenant does not pay the Landlord the full amount owing on or before April 10, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 11, 2023 at 5.00% annually on the balance outstanding. March 30, 2023 ____________________________ Date Issued Emile Ramlochan 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.  Order Page: 2 of 2 2023 ONLTB 27945 (CanLII)