LTB Order LTB-L-008424-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 31967 (CanLII) Citation: R. v F., 2023 ONLTB 31967 Date: 2023-04-25 File Number: LTB-L-008424-23 In the matter of: 36 WEATHERALL AVE CAMBRIDGE ON N3H0C1 Between: O.R. Landlord A. F.S.A.T.F. Tenant O.R. (the 'Landlord') applied for an order to terminate the tenancy A. evict F. S. A. T. F. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on April 11, 2023. The Landlord A. the Landlord’s legal representative, Amanda Richards, attended the hearing. As of 9:45 a.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 Tenants vacated the rental unit on March 31, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $3,500.00. It was due on the 1st day of each month. 5. The Tenants paid $4,900.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $20,000.00. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. Order Page: 1 of 3  8. The Landlord collected a rent deposit of $3,500.00 from the Tenant A. this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy terminated. 2023 ONLTB 31967 (CanLII) File Number: LTB-L-008424-23 It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of March 31, 2023, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $16,686.00. 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 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 May 6, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 7, 2023 at 6.00% annually on the balance outstanding. April 25, 2023 Date Issued Dawn Sullivan Vice Chair, 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-008424-23 Schedule 1 SUMMARY OF CALCULATIONS Order Page: 2 of 3 A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $24,900.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $4,900.00 2023 ONLTB 31967 (CanLII) application was filed Less the amount of the last month's rent deposit - $3,500.00 Total amount owing to the Landlord $16,686.00 Order Page: 3 of 3