LTB Order LTB-L-012569-22

O. under Section 69 Residential Tenancies Act, 2006 Citation: B. v C., 2023 ONLTB 15606 2023 ONLTB 15606 (CanLII) Date: 2023-01-19 File Number: LTB-L-012569-22 In the matter of: 1, 79 BARNESDALE BLVD HAMILTON ON L8M2V5 Between: L. E. B. A. M. C. T. E. B. (the 'L.') A. F. an O. to terminate the tenancy A. evict M. C. (the 'T.') because: • the T., another occupant of the rental unit or someone the T. permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the L. or another T.; • the T. has not paid the rent the T. owes. The L. also claimed compensation F. each day the T. remained in the unit after the termination date. This application was heard by videoconference on January 11, 2023. Only the L.'s Legal Representative, Nilo Grabar, attended the hearing. As of 11:05 a.m., the T. 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 L.'s evidence. Determinations: 1. The L. served the T. the following notices of termination on the following dates:  January 23, 2023 N5 notice of termination because the T., another occupant of the rental unit or someone the Tenants permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the L. or another T.. The termination date on the notice was February 14, 2023. O. Page 1 of 3  File Number: LTB-L-012569-22  February 23, 2023 a 2nd N5 notice of termination because the T., another occupant of the rental unit or someone the Tenants permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the L. or another T.. The termination date on the notice was March 10, 2023. 2023 ONLTB 15606 (CanLII)  February 8, 2023 N4 notice of termination F. non=payment of rent. The termination date in the notice was February 22, 2023. 2. The T. vacated the rental unit on May 7, 2022. Rent arrears are calculated up to the date the T. vacated the unit. 3. The L.'s Legal Representative submitted that as the T. has vacated, the L. is withdrawing the N5 portion of the application. 4. The lawful rent is $1,350.00. It was due on the 1st day of each month. 5. The T. has not made any payments since the application was filed. 6. The rent arrears owing to May 7, 2022 are $0.00. 7. The L. incurred costs of $186.00 F. filing the application A. is entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $1,350.00 from the T. A. this deposit is still being held by the L.. The rent deposit is A. to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $10.65 is owing to the T. F. the period from September 10, 2021. 10. The L.'s Legal Representative submitted that as the T. has vacated, the L. is only seeking payment of the outstanding arrears A. the application filing fee. It is ordered that: 1. The tenancy between the L. A. the T. is terminated as of May 7, 2022, the date the T. moved out of the rental unit 2. The T. shall pay the L. $4.510.23*, which represents the amount of rent owing A. compensation up to March 31. 2022, less the rent deposit A. applicable interest. 3. If the T. does not pay the L. the full amount owing on or before January 30, 2023, the L. will start to owe interest. This will be simple interest calculated from January 31, 2023 at 5.00% annually on the balance outstanding. January 19, 2023 Date Issued Diane Wade Member, L. A. T. Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 O. Page 2 of 3  File Number: LTB-L-012569-22 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. 2023 ONLTB 15606 (CanLII) Schedule 1 SUMMARY OF CALCULATIONS A. Amount the T. must pay as the tenancy is terminated Rent Owing From January 1, 2023 To Move Out Date $5,684.88 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the T. paid to the L. since the - $0.00 application was filed Less the amount the T. paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,350.00 Less the amount of the interest on the last month's rent deposit - $10.65 Less the amount the L. owes the T. F. - $0.00 an {abatement/rebate} Less the amount of the credit that the T. is entitled to - $0.00 Total amount owing to the L. $4,510.23 O. Page 3 of 3