LTB Order LTB-L-004673-22

2023 ONLTB 30286 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: F. v S., 2023 ONLTB 30286 Date: 2023-04-11 File Number: LTB-L-004673-22 In the matter of: 246 PARKVALE DR KITCHENER ON N2R1Y8 Between: M.F. Landlord A. M.S.A.S.S. Tenants M.F. (the 'Landlord') applied for an order to terminate the tenancy A. evict M. S. A. S. S. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was originally heard by videoconference on August 2, 2022. This application was heard de novo on March 31, 2023. Only the Landlord A. their Representative Pati Main attended the hearing. As of 9:57a.m., the Tenants were 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 Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment 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 Tenant vacated the rental unit on July 7, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. Order Page: 1 of 3  4. The lawful rent is $2,300.00. It was due on the 1st day of each month. 5. The Tenants have paid $6,900.00 to the Landlord since the application was filed. 6. The rent arrears owing to July 7, 2022 are $7,429.34. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 2023 ONLTB 30286 (CanLII) File Number: LTB-L-004673-22 8. The Landlord collected a rent deposit of $2,300.00 from the Tenants A. this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $13.39 is owing to the Tenants for the period from January 12, 2021 to July 7, 2022. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of July 7, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $5,301.95. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit A. the cost of filing the application. The rent deposit A. 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. 3. If the Tenants do not pay the Landlord the full amount owing on or before April 22, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 23, 2023 at 6.00% annually on the balance outstanding. April 11, 2023 ____________________________ Date Issued Amanda Kovats Member, Landlord A. 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. File Number: LTB-L-004673-22 Order Page: 2 of 3  Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated 2023 ONLTB 30286 (CanLII) Rent Owing To Move Out Date $14,329.34 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $6,900.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,300.00 Less the amount of the interest on the last month's rent deposit - $13.39 Total amount owing to the Landlord $5,301.95 Order Page: 3 of 3