LTB Order LTB-L-027617-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: C. O. v J. R., 2023 ONLTB 37887 Date: 2023-05-17 2023 ONLTB 37887 (CanLII) File Number: LTB-L-027617-22 In the matter of: BSMT, 101 ROLLINGWOOD DRIVE BRAMPTON ON L6Y5R1 Between: C.O.A.F.O. L. A. J. R. Tenant C.O.A.F.O. (the 'L.') applied for an order to terminate the tenancy A. evict J. R. (the 'Tenant') because:  the Tenant did not pay the rent that the Tenant owes  the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant;  the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has wilfully or negligently caused damage to the premises. The L. also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on May 1, 2023. Only the L. attended the hearing. As of 10:25 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 L.’ evidence. 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 31, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. Order Page: 1 of 3  File Number: LTB-L-027617-22 4. The lawful rent is $1,750.00. It was due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to August 31, 2022 are $15,050.00. 2023 ONLTB 37887 (CanLII) 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 $1,750.00 from the Tenant 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 $18.30 is owing to the Tenant for the period from October 18, 2020 to August 31, 2022. 10. The L. requested to withdraw the L2 portion of the application; as the Tenant had vacated, the issues are moot. It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated as of August 31, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $13,467.70, this includes rent arrears owing up to the date the Tenant moved out of the rental unit A. the cost of filing the application, minus the rent deposit A. interest the Landlord owes on the rent deposit. 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 May 28, 2023, the Landlord will start to owe interest. This will be simple interest calculated from May 29, 2023 at 6.00% annually on the balance outstanding. May 17, 2023 Date Issued Diane Wade 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-027617-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 37887 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $15,050.00 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 - $1,750.00 Less the amount of the interest on the last month's rent deposit - $18.30 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 $13,467.70 Order Page: 3 of 3