LTB Order LTB-L-012667-23

Order under Subsection 87(1) Residential Tenancies Act, 2006 Citation: Maximum Apartments INC. v J. P., 2023 ONLTB 32708 2023 ONLTB 32708 (CanLII) Date: 2023-04-21 File Number: LTB-L-012667-23 In the matter of: 602, 375 Scott Street St. Catharines ON L2M3W3 Between: Maximum Apartments INC. Landlord A. J.P.A.R.P. Tenants Maximum Apartments INC. (the 'Landlord') applied for an order requiring J. P. A. R. P. (the 'Tenants') to pay the rent that the Tenants owe. This application was heard by videoconference on April 12, 2023. Only the Landlord’s agent, Lauren Brace attended the hearing. As of 2:01pm, 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 did not pay the total rent they were required to pay for the period from January 1, 2023 to April 30, 2023. 2. The lawful rent is $1,829.00. It is due on the 1st day of each month. 3. The Tenants have not made any payments since the application was filed. 4. The Tenants are no longer in possession of the rental unit. The tenancy was not lawfully terminated in accordance with a notice of termination, LTB order or agreement to terminate the tenancy. Therefore, the Tenants’ obligation to pay rent ends on April 30, 2023. The Landlord’s agent stated that the Tenants gave a notice on December 30, 2022 to end the tenancy on February 28, 2023 which was not accepted by the Landlord because it was not at the end of the lease term. The Tenants handed the keys on January 30, 2023, the day the Tenants vacated. 5. The Landlord’s agent stated the Landlord was not able to re-rent the unit A. is still not rented although the Landlord made attempts A. prioritized advertising the rental unit. 6. The rent arrears A. daily compensation owing to April 30, 2023 are $7,316.00. Order Page: 1 of 2  7. The Landlord incurred costs of $201.00 for filing the application A. is entitled to reimbursement of those costs. It is ordered that: 2023 ONLTB 32708 (CanLII) 1. The Tenants shall pay to the Landlord $7,517.00. This amount includes rent arrears owing up to A. the cost of the application. 2. If the Tenants do not pay the Landlord the full amount owing on or before May 2, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 3, 2023 at 6.00% annually on the balance outstanding. April 21, 2023 Date Issued Nicole Huneault Member, Landlord A. 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. Order Page: 2 of 2