LTB Order LTB-L-023925-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 14999 (CanLII) Citation: CAPREIT LIMITED PARTNERSHIP v Sargent, 2023 ONLTB 14999 Date: 2023-01-18 File Number: LTB-L-023925-22 In the matter of: 902, 767 SECOND ST LONDON ON N5V3C4 Between: Capreit Limited Partnership Landlord And J.J. Tenants Spencer Sargent Capreit Limited Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict J.J. and Spencer Sargent (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 4, 2023. The Landlord’s Legal Representative, Ayden Pearson, attended the hearing As of 2:07 p.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. 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 October 31, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $1,214.40. It was due on the 1st day of each month. 5. The Tenants have not made any payments since the application was filed. Order Page: 1 of 3  6. The rent arrears owing to October 31, 2022 are $8,500.80. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 2023 ONLTB 14999 (CanLII) File Number: LTB-L-023925-22 It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of October 31, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $8,686.80. 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 January 29, 2023, the Tenant will start to owe interest. This will be simple interest calculated from January 30, 2023 at 5.00% annually on the balance outstanding. January 18, 2023 ____________________ Date Issued Susan Priest 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. File Number: LTB-L-023925-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing to Move Out Date $8,500.80 Order Page: 2 of 3 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 2023 ONLTB 14999 (CanLII) 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 Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the Landlord $8,686.80 Order Page: 3 of 3