LTB Order LTB-L-007470-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 30789 (CanLII) Citation: District Realty In Trust v H., 2023 ONLTB 30789 Date: 2023-04-14 File Number: LTB-L-007470-22 In the matter of: 304, 285 Loretta Avenue Ottawa ON K1S5A5 Between: District Realty In Trust Landlord And C.H. Tenant District Realty In Trust (the 'Landlord') applied for an order to terminate the tenancy and evict C.H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. (L1 Application) The Landlord also applied for an order to terminate the tenancy and evict the Tenant because the Tenant has been persistently late in paying the Tenant's rent. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. (L2 Application) This L1/L2 application was heard by videoconference on March 31, 2023. Only the Landlord’s legal representative, Al Martin, attended the hearing. As of 9:33 a.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: L1 Application 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. 1 of 4  3. The Tenant vacated the rental unit on July 31, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $1,400.61. It was due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. 2023 ONLTB 30789 (CanLII) Order Page File Number: LTB-L-007470-22 6. The rent arrears owing to July 31, 2022 are $11,106.83. 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 $1,384.00 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. Interest on the rent deposit, has been paid up to July 31 2022; therefore, there is no interest owing. L2 Application 10. At the hearing, the Landlord asked to withdraw the application and the LTB consented to the request. It is ordered that: L1 Application 1. The tenancy between the Landlord and the Tenant is terminated as of July 31, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $9,908.83. 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 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 April 25, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 26, 2023 at 6.00% annually on the balance outstanding. L2 Application 4. The L2 Application is withdrawn. 2 of 4  April 14, 2023 ____________________________ Date Issued Anna Solomon Vice Chair, Landlord and Tenant Board 15 Grosvenor St, Ground Floor Toronto ON M7A 2G6 2023 ONLTB 30789 (CanLII) If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page: File Number: LTB-L-007470-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $11,106.83 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 - $1,384.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $9,908.83 3 of 4  Order Page: 4 of 4 2023 ONLTB 30789 (CanLII)