LTB Order LTB-L-017042-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: A913 Hill Properties Holding Inc. v Sauve, 2023 ONLTB 32772 Date: 2023-04-24 2023 ONLTB 32772 (CanLII) File Number: LTB-L-017042-22 In the matter of: 2, 658 CONNAUGHT AVE SUDBURY ON P3E3W6 Between: A913 Hill Properties Holding Inc. Landlord And P.L. Tenants Tylor Sauve A913 Hill Properties Holding Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict P.L. and Tylor Sauve (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 had been persistently late in paying the Tenants rent. 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 Angie Gravelle. As of 10:46 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 rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. Order Page: 1 of 3  File Number: LTB-L-017042-22 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 June 30, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 5. The lawful rent is $1, 750.00. It was due on the 1st day of each month. 2023 ONLTB 32772 (CanLII) 6. The Tenants had paid $1,750.00 to the Landlord since the application was filed. 7. The rent arrears owing to June 30, 2022 are $7,000.00. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $1,750.00 from the Tenants and this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy terminated. 10. Interest on the rent deposit, in the amount of $21.12 is owing to the Tenants for the period from June 29, 2021 to June 30, 2022. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of June 30, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $5,414.88. 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. The rent deposit and interest the Landlords owes on the rent deposit is deducted from the amount owing by the Tenants. 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 5, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 6, 2023 at 6.00% annually on the balance outstanding. April 24, 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-017042-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 32772 (CanLII) A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $8,750.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,750.00 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 - $1,750.00 Less the amount of the interest on the last month's rent deposit - $21.12 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 $5,414.88 Order Page: 3 of 3