LTB Order LTB-L-016839-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: R. v C., 2023 ONLTB 32771 Date: 2023-04-27 2023 ONLTB 32771 (CanLII) File Number: LTB-L-016839-22 In the matter of: 621 VAN NORMAN ST THUNDER BAY ON P7A4G3 Between: A.R. Landlord And R.C. Tenants Wendy C. A.R. (the 'Landlord') applied for an order to terminate the tenancy and evict R. C. and Wendy C. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe (the ‘L1 application’). The Landlord also applied for an order to terminate the tenancy and evict the Tenants because:  the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date (the ‘L2 application’). This application was heard by videoconference on February 7, 2023. The Landlord attended the hearing. The Landlord was represented by Jesse Valkenier. As of 11:17 a.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. PRELIMINARY ISSUES 1. The Landlord’s legal representative made a request to withdraw the L2 application as the Tenants vacated the unit and the Landlord wishes to pursue an arrears only order. This request was granted. Determinations: 2. 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 Order Page: 1 of 3  File Number: LTB-L-016839-22 rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. 3. The Tenants were in possession of the rental unit on the date the application was filed. 4. The Tenants vacated the rental unit on May 31, 2022. Rent arrears are calculated up to 2023 ONLTB 32771 (CanLII) the date the Tenants vacated the unit. 5. The lawful rent is $1,272.00. It was due on the 1st day of each month. 6. The Tenants had not made any payments since the application was filed. 7. The rent arrears owing to May 31, 2022 are $11, 516.00. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of May 31, 2022, the date the Tenant moved out of the rental unit. 2. The Tenants shall pay to the Landlord $11,702.00. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application. 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 May 8, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 9, 2023 at 6.00% annually on the balance outstanding. April 27, 2023 Date Issued Emile Ramlochan Member, Landlord and 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-016839-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 32771 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $11, 516.00 Application Filing Fee $186.00 NSF Charges $0.00 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 $11, 702.00 Order Page: 3 of 3