LTB Order LTB-L-015924-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: H. v M., 2023 ONLTB 23630 Date: 2023-03-07 2023 ONLTB 23630 (CanLII) File Number: LTB-L-015924-22 In the matter of: 11678 Kipling Ave Vaughan ON L0J1C0 Between: B.H. Landlord A. E.D.A.G.M. Tenants B.H. (the 'Landlord') applied for an order to terminate the tenancy A. evict E. D. A. G. M. (the 'Tenants') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques This application was heard by videoconference on September 28, 2022. Only the Landlord attended the hearing. As of 10:11am 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 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 on the date the application was filed. 3. The Tenants vacated the rental unit on August 31, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $2780.00. It was due on the 1st day of each month. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to August 31, 2022 are $21,313.34. 7. The Landlord is entitled to $80.00 to reimburse the Landlord for administration charges A. bank fees the Landlord incurred as a result of 4 cheques given by or on behalf of the Tenants which were returned NSF. Order Page: 1 of 3  File Number: LTB-L-015924-22 8. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. 2023 ONLTB 23630 (CanLII) It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of August 31, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $21,579.34. 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 A. unpaid NSF charges. See Schedule 1 for the calculation of the amount owing. 3. If the Tenants do not pay the Landlord the full amount owing on or before March 18, 2023, the Tenants will start to owe interest. This will be simple interest calculated from March 19, 2023 at 5.00% annually on the balance outstanding. March 14 , 2023 Date Issued John Tzanis 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. *Note: When the LTB directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice. Order Page: 2 of 3  File Number: LTB-L-015924-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 23630 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $21,313.34 Application Filing Fee $186.00 NSF Charges $80.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenant for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $21,579.34 Order Page: 3 of 3