LTB Order LTB-L-029452-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 17786 (CanLII) Citation: M.C. v Broad, 2023 ONLTB 17786 Date: 2023-01-30 File Number: LTB-L-029452-22 In the matter of: 2208, 400 LYLE ST LONDON ON N5W0B9 Between: M.C. Landlord A. E.G.E.J.J.A. Tenant Shane Michael Broad M.C. (the 'Landlord') applied for an order to terminate the tenancy A. evict E.G.E.J.J.A. Shane Michael Broad (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques This application was heard by videoconference on January 18, 2023. The Landlord did not attend the hearing but was represented by Gail Kukor Lang. As of 2:50 p.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 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 were in possession of the rental unit on the date the application was filed. 3. The Tenants vacated the rental unit on July 31, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,025.00. It was due on the 1st day of each month. Order Page: 1 of 3  5. The Tenants had paid $2,025.00 to the Landlord since the application was filed. 6. The rent arrears owing to July 31, 2022 are $6,064.80. File Number: LTB-L-029452-22 2023 ONLTB 17786 (CanLII) 7. The Landlord is entitled to $140.00 to reimburse the Landlord for administration charges the Landlord incurred as a result of 7 cheques given by or on behalf of the Tenants which were returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $2,025.00 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. 10. Interest on the rent deposit, in the amount of $52.32 is owing to the Tenants for the period from July 1, 2021 to July 31, 2022. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of July 31, 2022, the date the Tenant moved out of the rental unit 2. The Tenants shall pay to the Landlord $2,408.48. 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 A. unpaid NSF charges. 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 Emile Ramlochan 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. *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: 2 of 3  File Number: LTB-L-029452-22 2023 ONLTB 17786 (CanLII) Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $6,064.80 Application Filing Fee $186.00 NSF Charges $140.00 Less the amount the Tenant paid to the Landlord since the - $2,025.00 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 - $2,025.00 Less the amount of the interest on the last month's rent deposit - $52.32 Less the amount the Landlord 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 Landlord $2,288.48 Order Page: 3 of 3