LTB Order LTB-L-026118-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: jmoakparalegal v S., 2023 ONLTB 19663 Date: 2023-02-15 2023 ONLTB 19663 (CanLII) File Number: LTB-L-026118-22 In the matter of: 27, 353 MCARTHUR AVE VANIER ON K1L6N5 Between: 2165729 ONTARIO INC Landlord And D.S. Tenant 2165729 ONTARIO INC (the 'Landlord') applied for an order to terminate the tenancy and evict D.S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques This application was heard by videoconference on January 5, 2023. Only the Landlord’s representative James Moak attended the hearing. As of 9:30 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. Preliminary issue Jmoak was removed as a party. The Landlord is 2165729 ONTARIO INC Determinations: 1. The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant 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 Tenant was in possession of the rental unit on the date the application was filed. 3. The Tenant vacated the rental unit on August 4, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $1150.00. It was due on the 1st day of each month. 5. The rent arrears owing to August 4, 2022 are $3,526.24. Order Page: 1 of 3  File Number: LTB-L-026118-22 6. The Landlord is entitled to $40.00 to reimburse the Landlord for administration charges and $0.00 for bank fees the Landlord incurred as a result of 2 cheques given by or on behalf of the Tenant which were returned NSF. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to 2023 ONLTB 19663 (CanLII) reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,150.00 from the Tenant and this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $12.78 is owing to the Tenant for the period from September 1, 2021 to August 4, 2022. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of August 4, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $2,589.46. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit and the cost of filing the application and unpaid NSF charges. The rent deposit and interest the Landlord owes on the rent deposit is deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the Landlord the full amount owing on or before March 15, 2023 the Tenant will start to owe interest. This will be simple interest calculated from March 16, 2023 at 5.00% annually on the balance outstanding. March 2, 2023 Date Issued Maria Shaw 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-026118-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 19663 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $3,526.24 Application Filing Fee $186.00 NSF Charges $40.00 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 - $1,150.00 Less the amount of the interest on the last month's rent deposit - $12.78 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 $2,589.46 Order Page: 3 of 3