LTB Order LTB-L-024811-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: 2363753 ONTARIO INC v Botelho, 2023 ONLTB 14799 Date: 2023-01-16 2023 ONLTB 14799 (CanLII) File Number: LTB-L-024811-22 In the matter of: 204, 2500 KEELE ST NORTH YORK ON M6L2N5 Between: 2363753 ONTARIO INC Landlord A. A.L.A. Tenants Marcio Botelho 2363753 ONTARIO INC (the 'Landlord') applied for an order to terminate the tenancy A. evict A.L.A. Marcio Botelho (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on January 4, 2023. Only the Landlord’s agent Lee Goldenberg attended the hearing The Landlord’s Legal Representative G. Foss was also present. As of 2:00 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. As of the hearing date, the Tenants were still in possession of the rental unit. 3. The lawful rent is $1,900.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $62.47. This amount is calculated as follows: $1,900.00 x 12, divided by 365 days. 5. The Tenants have paid $1,600.00 to the Landlord since the application was filed. 6. The rent arrears owing to July 5, 2022 are $13,892.35. Order Page: 1 of 3  File Number: LTB-L-024811-22 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,900.00 from the Tenants A. this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the 2023 ONLTB 14799 (CanLII) tenancy terminated. 9. Interest on the rent deposit, in the amount of $13.56 is owing to the Tenants for the period from December 1, 2020 to July 5, 2022. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of July 5, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $12,164.79. 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. The rent deposit A. interest the Landlord 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 does not pay the Landlord the full amount owing on or before January 27, 2023, the Tenants will start to owe interest. This will be simple interest calculated from January 28, 2023 at 5.00% annually on the balance outstanding. January 16, 2023 Date Issued Sheena Brar 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-024811-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 14799 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $15,492.35 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,600.00 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 - $1,900.00 Less the amount of the interest on the last month's rent deposit - $13.56 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 $12,164.79 Order Page: 3 of 3