LTB Order LTB-L-027871-23

2023 ONLTB 48802 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: S. v M., 2023 ONLTB 48802 Date: 2023-07-10 File Number: LTB-L-027871-23 In the matter of: Basement, 1909 Poppy Lane East Pickering Ontario L1V2T4 Between: B.S. Landlords Alia Babor And A.M. Tenants Sam M. B.S. and Alia Babor (the 'Landlords') applied for an order to terminate the tenancy and evict A. M. and Sam M. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on June 22, 2023. Only the Landlord, B.S. attended the hearing. As of 4:14p.m., the Tenants were 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 Landlords served the Tenants with a 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. At the hearing, the Landlord, B.S., requested an amendment to the application to correct the total amount of rent owing for the period of December 2022 to $600.00. He also advised that the Order Page 1 of 5  File Number: LTB-L-027871-23 correct spelling of the street name is “Poppy Lane.” The Landlords’ application references that the Street name of the rental unit is “Popp Lane”, and shows that for the period of December 1, 2022, to December 31, 2022, the rent was $1,900.00 and that the Tenants paid $1,300.00, with a remaining balance to be paid of $700.00. The total amount of rent arrears being claimed on the application for 2023 ONLTB 48802 (CanLII) the periods of September 1, 2022, to February 28, 2023, is $6,400.00. When subtracting the $1,300.00 payment made by the Tenants for the month of December 2022 from the lawful rent of $1,900.00, the correct balance owing is $600.00. As a result, the total amount of arrears being claimed on the application is reduced to $6,300.00. 3. I have exercised my discretion under section 201(1) of the Residential Tenancies Act, 2006 (the “Act”) to amend the application to reflect that correct street name is “Poppy Lane”; the rent arrears owing for the period of December 2022 is $600.00; and that the total amount of rent arrears being claimed on the application is $6,300.00. There is no prejudice to the Tenants from this amendment because it correctly identifies the street name to the rental unit, and the total amount of rent arrears being claimed on the application is now less. 4. The Tenants were in possession of the rental unit on the date the application was filed. 5. The Tenants vacated the rental unit on May 13, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. 6. The lawful rent is $1,900.00. It was due on the 1st day of each month. 7. The Tenants have not made any payments since the application was filed. 8. The rent arrears owing to May 13, 2023, are $10,912.11 9. The Landlords incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 10. The Landlords collected a rent deposit of $1,300.00 from the Tenants and this deposit is still being held by the Landlords. The rent deposit is applied to the arrears of rent because the tenancy terminated. 11. Interest on the rent deposit, in the amount of $13.98 is owing to the Tenants for the period from December 8, 2022, to May 13, 2023. It is ordered that: 1. The tenancy between the Landlords and the Tenants is terminated as of May 13, 2023, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlords $9,799.13. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application. The rent deposit and interest the Landlords owe on the rent deposit is deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. Order Page 2 of 5  File Number: LTB-L-027871-23 3. If the Tenants do not pay the Landlords the full amount owing on or before July 21, 2023, the Tenants will start to owe interest. This will be simple interest calculated from July 22, 2023, at 6.00% annually on the balance outstanding. 2023 ONLTB 48802 (CanLII) July 10, 2023 ____________________________ Date Issued Inderdeep Padda 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. Order Page 3 of 5  File Number: LTB-L-027871-23 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 48802 (CanLII) A. Amount the Tenants must pay as the tenancy is terminated Rent Owing to Move Out Date $10,912.11 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlords since the application - $0.00 was filed Less the amount the Tenants paid into the LTB since the application was - $0.00 filed Less the amount of the last month's rent deposit - $1,300.00 Less the amount of the interest on the last month's rent deposit - $13.98 Less the amount the Landlords owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the Landlords $9,799.13 Order Page 4 of 5 File Number: LTB-L-027871-23 2023 ONLTB 48802 (CanLII) Order Page 5 of 5