LTB Order LTB-L-006493-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: I. v Z., 2023 ONLTB 20171 Date: 2023-02-14 2023 ONLTB 20171 (CanLII) File Number: LTB-L-006493-22 In the matter of: Basement Unit, 41 MANSBRIDGE CRES AJAX ON L1Z1S3 Between: S.Z.I. Landlords Tanzila Haq Norin And B.Z. Tenants Samantha Alison Machado L1 Application S.Z.I. and Tanzila Haq Norin (the 'Landlord') applied for an order to terminate the tenancy and evict B.Z. and Samantha Alison Machado (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. L2 Application The Landlords also applied for an order to terminate the tenancy and evict the Tenants because:  the Tenant, another occupant of the rental unit or someone the Tenant permitted in the building has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord in a building that has three or fewer residential units and the Landlord resides in the building; This application was heard by videoconference on February 6, 2023. Only the Landlords attended the hearing. As of 3:18 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 Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant 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 Tenant was in possession of the rental unit on the date the application was filed. Order Page: 1 of 3  File Number: LTB-L-006493-22 3. The Tenant vacated the rental unit on September 15, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $. It was due on the 15th day of each month. 5. The Tenant has paid $654.66 to the Landlord since the application was filed. 2023 ONLTB 20171 (CanLII) 6. The rent arrears owing to September 15, 2022 are $15,604.52. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,800.00 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 terminated. 9. The Landlord also claimed that he tenant did not pay utility costs (utilities means heat, electricity and water) that they were required to pay under the terms of the tenancy agreement while they were living in the rental unit. 10. The Landlord did not provide proof of the unpaid utilities by providing copies of the utility bills, as such the Board is unable to award those costs. As a result, the L2 portion of the application is dismissed. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of September 15, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $13,990.52. This amount includes rent arrears owing up to the date the Tenant 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 Tenant. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the Landlord the full amount owing on or before February 25, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 26, 2023 at 5.00% annually on the balance outstanding. 4. The L2 portion of the application is dismissed. February 14, 2023 Date Issued Robert Patchett Vice Chair, 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. *Note: When the LTB directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice. Order Page: 2 of 3  File Number: LTB-L-006493-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 20171 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $16,259.18 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $654.66 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 - $1,800.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenant for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $13,990.52 Order Page: 3 of 3