LTB Order LTB-L-008369-23

2023 ONLTB 68786 (CanLII) Order under Section 88.2 89 Residential Tenancies Act, 2006 Citation: B. v F., 2023 ONLTB 68786 Date: 2023-10-26 File Number: LTB-L-008369-23 In the matter of: Main & 2nd Floor, 96 Catalpa Cres Vaughan Ontario L6A0R6 Between: Z.B. Landlord And D. O. F. F. Tenant Dillon Valerio F. De Oliveira Z.B. (the 'Landlord') applied for an order requiring (the 'F. Tenant') to pay the Landlord's reasonable out-of-pocket costs that are the result of the F. Tenant's failure to pay utility costs they were required to pay under the terms of the tenancy agreement. Z.B. (the 'Landlord') applied for an order requiring (the 'F. Tenant') to pay the Landlord's reasonable out-of-pocket costs that the Landlord incurred or will incur to repair or replace undue damage to property. The damage was caused wilfully or negligently by the F. Tenant, another occupant of the rental unit or someone the F. Tenant permitted in the residential complex. This application was heard by videoconference on October 5, 2023 at 09:00 am. Only the Landlord Agent Christina Tan attended the hearing. As of 09:30 am, the F. Tenant was not present or represented at the hearing although properly served with notice of this hearing by the Landlord. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. Order Page 1 of 4  File Number: LTB-L-008369-23 Determinations: 1. As explained below, the Landlord proved the allegations contained in the application on a balance of probabilities. Therefore, the Tenant shall pay to the Landlord $6,959.29 on or before November 6, 2023 2023 ONLTB 68786 (CanLII) 2. I am satisfied that the Landlord served the F. Tenant with the application and Notice of Hearing using a method permitted in subsection 191(1.0.1) of the Residential Tenancies Act, 2006 (the 'Act") and Rule 3.3 of the LTB's Rules of Procedure. These documents were served by mail to the F. Tenants current residence and email on June 28, 2023. According to the Landlord email was consented to as a means of serving documents at the commencement of the tenancy. This is also supported by evidence submitted, namely other email correspondence between the Landlord and Tenant and the lease agreement. 3. The F. Tenant vacated the rental unit on February 28, 2022. 4. The application was filed within one year after the F. Tenant ceased to be in possession of the rental unit. The Application was filed on September 27, 2022. 5. There is no last month’s rent deposit. Compensation for unpaid utility costs 8. The Landlord Agent submitted that The F. Tenant failed to pay water costs that they were required to pay under the terms of the tenancy agreement. This was supported by a copy of the lease agreement entered in evidence. 9. The Landlord incurred reasonable out-of-pocket expenses of $1,648.81 as a result of the F. Tenant's failure to pay water costs. This was supported by several bills from the City of Vaughn indicating an arrears totalling the amount claimed. Compensation for damage 10. The Landlord Agent submitted that The F. Tenant, another occupant of the rental unit or a person whom the F. Tenant permitted in the residential complex wilfully or negligently caused undue damage to the rental unit or residential complex. Specifically, the Landlord Agent submitted into evidence several pictures showing damage to wall fixtures, dry wall and the tile surrounding the bathtub. 11. As a result of the F. Tenants actions The Landlord incurred reasonable costs of $5,109.48 to repair the damage and replace property that was damaged and cannot reasonably be repaired. This was supported by receipts entered in evidence. 12. The Landlord also incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. Order Page 2 of 4  File Number: LTB-L-008369-23 It is ordered that: 1. The F. Tenant shall pay to the Landlord $1,648.81, which represents the reasonable out-of-pocket expenses the Landlord incurred as a result of the unpaid utility costs. 2. The F. Tenant shall also pay to the Landlord $5,109.48, which represents the 2023 ONLTB 68786 (CanLII) reasonable costs the Landlord incurred as a result of the damage. 3. The F. Tenant shall pay to the Landlord $201.00 for the cost of filing the application. 4. The total amount the F. Tenant owes the Landlord is $6,959.29*. See Schedule 1 for the calculation of the amount owing. 5. If the F. Tenant does not pay the Landlord the full amount owing on or before November 6, 2023, the F. Tenant will start to owe interest. This will be simple interest calculated from November 7, 2023 at 7.00% annually on the balance outstanding. October 26, 2023 ____________________________ Date Issued Kelly Delaney 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. * Refer to the attached Summary of Calculations. Order Page 3 of 4  File Number: LTB-L-008369-23 Schedule 1 SUMMARY OF CALCULATIONS Amount the F. Tenant must pay the Landlord: Utility Costs $1,648.81 2023 ONLTB 68786 (CanLII) Damage Costs $5,109.48 Application Filing Fee $201.00 Total amount owing to the Landlord $6,959.29 Order Page 4 of 4