Evictly

LTB Order LTB-L-013677-23

Citation
2023 ONLTB 33810
Decided
2023-05-05
Rental unit
I, 6530 Glen Erin Drive Mississauga ON L5N3S3
Landlord
2071417 Ontario Inc.
Tenant
M.P.A.N.A.H.
Order under Subsection 87(1) 2023 ONLTB 33810 (CanLII) Residential Tenancies Act, 2006 Citation: 2071417 Ontario Inc. v M. P., 2023 ONLTB 33810 Date: 2023-05-05 File Number: LTB-L-013677-23 In the matter of: I, 6530 Glen Erin Drive Mississauga ON L5N3S3 Between: 2071417 Ontario Inc. Landlord A. M.P.A.N.A.H. Tenants 2071417 Ontario Inc. (the 'Landlord') applied for an order requiring M.P.A.N.A.H. (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, Faheem Alkarim, attended the hearing. As of 3:46 p.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 Tenants did not pay the total rent they were required to pay for the period from November 1, 2022 to November 30, 2022. 2. The lawful rent is $2,625.00. 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 tenancy ended on January 31, 2023 as a result of the Tenants moving out in accordance with a notice of termination. The Tenants gave a valid notice of termination of the tenancy on November 9, 2022. The Landlord inspected the rental unit on February 1, 2023 A. it was vacant. Therefore, the Tenants' obligation to pay rent also ended on that date. 5. The rent arrears A. daily compensation owing to January 31, 2023 are $2,625.00 6. The Landlord collected a rent deposit of $2,895.62 from the Tenants A. this deposit is still being held by the Landlord. It was collected on September 25, 2021. The rent deposit is applied to the arrears of rent because the tenancy is terminated. 7. Interest on the rent deposit, in the amount of $6.15 is owing to the Tenants for the period from January 1, 2023 to January 31, 2023. 2023 ONLTB 33810 (CanLII) Order Page: 1 of 2 8. The Landlord incurred costs of $201.00 for filing the application A. is entitled to reimbursement of those costs. It is ordered that: 1. The Landlord shall pay the Tenants $75.77. This amount includes rent arrears owing up to January 31, 2023 A. the cost of the application minus the rent deposit A. interest owing on the rent deposit. 2. If the Landlord does not pay the Tenants the full amount owing on or before May 16, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 17, 2023 at 6.00% annually on the balance outstanding. May 5, 2023 ____________________________ Date Issued M. Melchers 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 2023 ONLTB 33810 (CanLII)