LTB Order LTB-L-026692-22

2023 ONLTB 16322 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: M. v Q., 2023 ONLTB 16322 Date: 2023-01-30 File Number: LTB-L-026692-22 In the matter of: 365 CAMPBELL AVE WINDSOR ON N9B2H5 Between: K.M.A.W.M. L. A. J. A. Q. Tenant A. Rose Parent K.M.A.W.M. (the 'L.') applied for an order to terminate the tenancy A. evict J. A. Q. A. Rose Parent (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 16, 2023. Only the Landlords, attended the hearing. Determinations: 1. The L. 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 14, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $1,350.00. It was due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. Order Page: 1 of 4  File Number: LTB-L-026692-22 6. The rent arrears owing to August 14, 2022 are $7,306.94. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 2023 ONLTB 16322 (CanLII) 8. The L. collected a rent deposit of $1,350.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $23.66 is owing to the Tenant for the period from February 28, 2021 to August 14, 2022. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties A., including submissions from the L. that the Tenant does not have young children or any persons with special needs that the Board needs to consider living with them, A. whether the L. attempted to negotiate a repayment agreement with the Tenant A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 11. I have considered all of the evidence presented at the hearing A. all of the oral testimony A. although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 12. This order contains all reasons for the determinations A. order made. No further reasons will be issued. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated as of August 14, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the L. $6,119.28. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit A. the cost of filing the application. The rent deposit A. interest the L. 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 L. the full amount owing on or before February 10, 2023, the Tenant 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 Greg Brocanier Member, L. A. Tenant Board Order Page: 2 of 4  File Number: LTB-L-026692-22 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. 2023 ONLTB 16322 (CanLII) *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: 3 of 4  File Number: LTB-L-026692-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 16322 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $7,306.94 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 - $1,350.00 Less the amount of the interest on the last month's rent deposit - $23.66 Less the amount the L. owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the L. $6,119.28 Order Page: 4 of 4