LTB Order LTB-L-014038-23

Order under Subsection 87(1) 2023 ONLTB 32333 (CanLII) Residential Tenancies Act, 2006 Citation: S.L. v S.V., 2023 ONLTB 32333 Date: 2023-04-20 File Number: LTB-L-014038-23 In the matter of: 103, 50 MERRITT AVENUE CHATHAM ONTARIO N7M6A6 Between: S.L. Landlord And S.V. Tenant S.L. (the 'Landlord') applied for an order requiring S.V. (the 'Tenant') to pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on April 12, 2023. Only the Landlord’s Agent, Mary McLellan, attended the hearing. As of 2:18 p.m., the Tenant 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 Landlord's evidence. Determinations: 1. The Tenant did not pay the total rent they were required to pay for the period from January 1, 2023 to March 31, 2023. 2. The lawful rent is $1,494.90. It is due on the 1st day of each month. 3. The Tenant has not made any payments since the application was filed. 4. The tenancy ended on March 31, 2023, as a result of the Tenant moving out. Therefore, the Tenant's obligation to pay rent also ended on that date.  5. The rent arrears and daily compensation owing to March 31, 2023, are $4,454.80 Order Page: 1 of 2 2023 ONLTB 32333 (CanLII) 6. The Landlord collected a rent deposit of $1,494.90 from the Tenant and this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy is terminated. 7. The Landlord is entitled to $40.00 to reimburse the Landlord for administration charges and $0.00 for bank fees the Landlord incurred as a result of 2 cheques given by or on behalf of the Tenant which were returned NSF. 8. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. It is ordered that: 1. The Tenant shall pay to the Landlord $3,200.90. This amount includes rent arrears owing up to March 31, 2023, and the cost of the application and unpaid NSF charges minus the rent deposit. 2. If the Tenant does not pay the Landlord the full amount owing on or before May 1, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 2, 2023, at 6.00% annually on the balance outstanding. April 20, 2023 ____________________________ Date Issued Michael Di Salle Member, Landlord and 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