LTB Order LTB-L-029749-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 19161 (CanLII) Citation: Goldmar Property Management v B., 2023 ONLTB 19161 Date: 2023-02-24 File Number: LTB-L-029749-22 In the matter of: 3443 WYANDOTTE ST E WINDSOR ON N8Y1E9 Between: Goldmar Property Management Landlord A. D.B.A.K.A. Tenants Goldmar Property Management (the 'Landlord') applied for an order to terminate the tenancy A. evict D.B.A.K.A. (the 'Tenants') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 19, 2023. The Landlord was represented at the hearing by Tim Currie. 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 November 30, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The rent arrears owing to November 30, 2022 are $16,166.58. 5. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. Order Page: 1 of 3  6. The Landlord collected a rent deposit of $2,100.00 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. 7. Interest on the rent deposit, in the amount of $19.95 is owing to the Tenant for the period from February 15, 2022, to November 30, 2022. 2023 ONLTB 19161 (CanLII) File Number: LTB-L-029749-22 It is ordered that: 1. The tenancy is terminated as of November 30, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $14,232.63. 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 Landlord 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 Tenants do not pay the Landlord the full amount owing on or before March 7, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 8, 2023, at 5.00% annually on the balance outstanding. February 24, 2023 ____________________________ Date Issued Bryan Delorenzi 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. File Number: LTB-L-029749-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Order Page: 2 of 3 Rent Owing To Move Out Date $16,166.58 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 2023 ONLTB 19161 (CanLII) 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 - $2,100.00 Less the amount of the interest on the last month's rent deposit - $19.95 Total amount owing to the Landlord $14,232.63 Order Page: 3 of 3