LTB Order LTB-L-025166-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: C. v Cook-W., 2023 ONLTB 28956 Date: 2023-04-05 2023 ONLTB 28956 (CanLII) File Number: LTB-L-025166-22 In the matter of: 1931 ROCKCREEK DR OSHAWA ON L1K3B8 Between: A.N.A.P.C. L. A. D. Cook-W. A. J. W. Tenants A.N.A.P.C. (the 'L.') applied for an order to terminate the tenancy A. evict D. Cook-W. A. J. W. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. A. The ('L.') also applied for an order to terminate the tenancy A. evict D. Cook- W. A. J. W. (the 'Tenants') because: • the Tenants have been persistently late in paying the Tenants rent. These applications were heard by videoconference on March 23, 2023. Only the L. A. their representative Elizabeth Chea attended the hearing. As of 9:32 a.m., the Tenant was 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 January 11, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,100.00. 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  File Number: LTB-L-025166-22 6. The rent arrears owing to January 11, 2023 are $21,759.44. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 2023 ONLTB 28956 (CanLII) L2 Application 9. As the Tenants have vacated the rental unit, the L.’ L2 application is moot A. withdrawn at the time of hearing. It is ordered that: 1. The tenancy between the L. A. the Tenants is terminated as of January 11, 2023, the date the Tenant moved out of the rental unit 2. The Tenants shall pay to the Landlord $21,945.44. 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. 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 April 16, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 17, 2023 at 6.00% annually on the balance outstanding. April 5, 2023 Date Issued Alicia Johnson 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-025166-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 28956 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $21,759.44 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 $21,945.44 Order Page: 3 of 3