LTB Order LTB-L-006627-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 43119 (CanLII) Citation: DMS Property Management Ltd. v A. A., 2023 ONLTB 43119 Date: 2023-06-15 File Number: LTB-L-006627-23 In the matter of: 214, 2475 HURONTARIO ST MISSISSAUGA ON L5A2G5 Between: DMS Property Management Ltd. Landlord A. A.A.A.S.D. Tenants A. DMS Property Management Ltd. (the 'Landlord') applied for an order to terminate the tenancy A. evict A.A.A.S.D. A. (the 'Tenants') because the Tenants did not pay the rent that the Tenant owes. This application was heard by videoconference on April 25, 2023. The Landlord was represented at the hearing by Joshua Labbe. 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 February 28, 2023. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The rent arrears owing to February 28, 2023, are $6,463.50. 5. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 6. The Landlord collected a rent deposit of $2,110.02 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. Order Page: 1 of 3  7. Interest on the rent deposit, in the amount of $8.38 is owing to the Tenants for the period from January 2, 2023, to February 28, 2023. It is ordered that: 2023 ONLTB 43119 (CanLII) File Number: LTB-L-006627-23 1. The tenancy between the Landlord A. the Tenants is terminated as of February 28, 2023, the date the Tenant moved out of the rental unit 2. The Tenants shall pay to the Landlord $4,531.10. This amount includes rent arrears owing up to the date the Tenant 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 Tenant. 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 December 31, 2023, the Tenant will start to owe interest. This will be simple interest calculated from January 1, 2024, at 7.00% annually on the balance outstanding. December 14, 2023 ____________________________ Date Issued Bryan Delorenzi 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. Order Page: 2 of 3  File Number: LTB-L-006627-23 Schedule 1 2023 ONLTB 43119 (CanLII) SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $6,463.50 Application Filing Fee $186.00 Less the amount of the last month's rent deposit - $2,110.02 Less the amount of the interest on the last month's rent deposit - $8.38 Total amount owing to the Landlord $4,531.10 Order Page: 3 of 3