LTB Order LTB-L-015310-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Park Property Management Inc. v K., 2023 ONLTB 28989 Date: March 29, 2023 2023 ONLTB 28989 (CanLII) File Number: LTB-L-015310-22 In the matter of: 1510, 100 SPRUCEWOOD COURT SCARBOROUGH, ON M1W 2P2 Between: Park Property Management Inc. Landlord A. H.K.A.M.M. Tenants Park Property Management Inc. (the 'Landlord') applied in a L1 application for an order to terminate the tenancy A. evict H.K.A.M.M. (the 'Tenants') because the Landlord claimed that the Tenants did not pay the rent that they owe. This application was heard by videoconference on September 27, 2022 but unfortunately an order was not issued. A de novo (new) hearing was heard by videoconference on March 24, 2023. The Landlord’s legal representative Anita Sada attended the hearing on behalf of the Landlord. As of 10:40am (the hearing started at 9am), the Tenants were not present or represented at the hearing although properly served with notice of the hearing by the Board. Since no request to adjourn or reschedule had been received by the Board from the Tenants before the hearing, the hearing occurred with only the Landlord’s evidence as allowed by section 7 of the Statutory Powers Procedure Act. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Non- payment of Rent (N4 Notice). The Tenants did not void the notice by paying the amount of rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. 2. The Tenants were in possession of the rental unit when the application was filed. 3. The Landlord’s legal representative advised that the Tenants vacated the rental unit on March 31, 2022. 4. The monthly rent was $1,445.70, due on the first (1st) day of each month. 5. The Tenants made no payments to the Landlord between the filing of the application A. the hearing on March 24, 2023. Order Page: 1 of 3  File Number: LTB-L-015310-22 6. The Landlord collected a last month’s rent deposit of $1,445.70 A. this amount is still being held by the Landlord. 7. Interest on the rent deposit was last paid out to the Tenants up to June 30, 2021. Interest is owing from July 1, 2021 up to the termination date in the N4 Notice of Termination 2023 ONLTB 28989 (CanLII) (March 1, 2022). It is ordered that: 8. The tenancy between the Landlord A. the Tenants is terminated as of March 31, 2022, the date the Tenants gave vacant possession of the rental unit to the Landlord. Refer to Schedule 1: Summary of Calculations 9. The Tenants shall pay to the Landlord $1,502.98*. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit A. the cost of filing the application. The rent deposit A. interest the Landlord owes on the rent deposit is deducted from the amount owing by the Tenants. 10. If the Tenants do not pay the Landlord the full amount owing of $1,502.98 on or before April 9, 2023 (standard 11 days from the issuance date of this order), the Tenants will start to owe interest. This will be simple interest calculated from April 10, 2023 onwards at 6.00% annually on the balance outstanding. March 29, 2023 Date Issued Michelle Tan Member, Landlord A. Tenant 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. Order Page: 2 of 3  File Number: LTB-L-015310-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 28989 (CanLII) Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $2,766.96 Application Filing Fee $186.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,445.70 Less the amount of the interest on the last month's rent deposit - $4.28 Total amount owing to the Landlord $1,502.98* Order Page: 3 of 3