LTB Order LTB-L-026331-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Merkur Properties v D., 2023 ONLTB 16557 Date: 2023-01-30 2023 ONLTB 16557 (CanLII) File Number: LTB-L-026331-22 In the matter of: 705, 640 ROSELAWN AVE TORONTO ON M5N1K9 Between: Merkur Properties Landlord A. L.M.M.A.R.D. Tenants Merkur Properties (the 'Landlord') applied for an order to terminate the tenancy A. evict L. M. M. A. R. D. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 16, 2023. The Landlord’s representative J Paine A. the Tenant R D. attended the hearing 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 May 31, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,095.00. It was due on the 1st day of each month. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to May 31, 2022 are $4,190.00. 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 $2,095.00 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 tenancy terminated. 9. Interest on the rent deposit, in the amount of $13.64 is owing to the Tenants for the period from November 15, 2021 to May 31, 2022. Order Page: 1 of 3  File Number: LTB-L-026331-22 It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of May 31, 2022, the date the Tenants moved out of the rental unit 2023 ONLTB 16557 (CanLII) 2. The Tenants shall pay to the Landlord $2,267.36. 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. 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 do not pay the Landlord the full amount owing on or before February 10, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 11, 2023 at 5.00% annually on the balance outstanding. January 30, 2023 Date Issued Heather Kenny 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-026331-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 16557 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $4,190.00 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 - $2,095.00 Less the amount of the interest on the last month's rent deposit - $13.64 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 $2,267.36 Order Page: 3 of 3