LTB Order LTB-L-008510-23

Order under Section 87(1) Residential Tenancies Act, 2006 2023 ONLTB 34067 (CanLII) Citation: 1745 Bloor Holdings Inc. v C., 2023 ONLTB 34067 Date: 2023-04-28 File Number: LTB-L-008510-23 In the matter of: 912, 1745 BLOOR STREET E MISSISSAUGA ON L4X1S6 Between: 1745 Bloor Holdings Inc. Landlord And A.C. Tenants Kenneth Martin Omar Martin 1745 Bloor Holdings Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict A.C., Kenneth Martin and Omar Martin (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The Landlord also claimed charges related to NSF cheques This application was heard by videoconference on March 29, 2023. Only the Landlord’s legal representative, H. Levenson attended the hearing. I waited until after 9:30am to call the matter, 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 Tenants were in possession of the rental unit on the date the application was filed. 2. The Tenants vacated the rental unit on December 1, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 3. The lawful rent is $2,020.00. It was due on the 1st day of each month. 4. The Tenants has not made any payments since the application was filed. 5. The rent arrears owing to December 1, 2022 are $4,106.41. Order Page: 1 of 3  6. The Landlord is entitled to $20.00 to reimburse the Landlord for administration charges and $5.00 for bank fees the Landlord incurred as a result of 1 cheque given by or on behalf of the Tenants which were returned NSF. 7. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 34067 (CanLII) 8. There is no last month's rent deposit. File Number: LTB-L-008510-23 It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of December 1, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $4,332.41. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application and unpaid NSF charges. 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 9, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 10, 2023 at 6.00% annually on the balance outstanding. April 28, 2023 ____________________________ Date Issued Curtis Begg Member, Landlord and Tenants 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. File Number: LTB-L-008510-23 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 $4,106.41 Application Filing Fee $201.00 NSF Charges $25.00 2023 ONLTB 34067 (CanLII) Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $4,332.41 Order Page: 3 of 3