LTB Order LTB-L-028101-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 18915 (CanLII) Citation: S. v Kent, 2023 ONLTB 18915 Date: 2023-02-13 File Number: LTB-L-028101-22 In the matter of: 1354 BRIDGE RD OAKVILLE ON L6L2C7 Between: P.S.S. Landlord And E.T.A. Tenants Gertrude Colleen Kent Raymond Dennis Kent P.S.S. (the 'Landlord') applied for an order to terminate the tenancy and evict E.T.A., Gertrude Colleen Kent and Raymond Dennis Kent (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on January 17, 2023. Only the Landlord’s Representative, Silvat Syed attended the hearing. The Tenants 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. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment 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 was in possession of the rental unit on the date the application was filed. 3. The Tenants vacated the rental unit on August 17, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $3,000.00. It was due on the 15th day of each month. 5. The Tenants has not made any payments since the application was filed. Order Page: 1 of 3  6. The rent arrears owing to August 17, 2022 are $12,000.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 2023 ONLTB 18915 (CanLII) File Number: LTB-L-028101-22 9. There is no written tenancy agreement. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of August 17, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $12,186.00. 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. See Schedule 1 for the calculation of the amount owing. 3. If the Tenants does not pay the Landlord the full amount owing on or before February 24, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 25, 2023 at 5.00% annually on the balance outstanding. February 13, 2023 ____________________________ Date Issued Sandra Macchione Member, Landlord and Tenants 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. File Number: LTB-L-028101-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $12,000.00 Application Filing Fee $186.00 Order Page: 2 of 3 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed 2023 ONLTB 18915 (CanLII) Less the amount of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $12,186.00 Order Page: 3 of 3