LTB Order LTB-L-031164-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Z. v Macaulay, 2023 ONLTB 16880 2023 ONLTB 16880 (CanLII) Date: 2023-01-31 File Number: LTB-L-031164-22 In the matter of: 2, 22 BALSAM AVE N HAMILTON ON L8L6Y2 Between: A.Z.F.Z.A.O. Landlords MANGEMENT GROUP A. Gordon Macaulay A. Kelly Macaulay Tenants A.Z.F.Z.A.O. MANGEMENT GROUP (the 'Landlords') applied for an order to terminate the tenancy A. evict Gordon Macaulay A. Kelly Macaulay (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 19, 2023. Only the Landlord, F. Z. attended the hearing. As of 2:27 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 evi dence. Determinations: 1. The Landlords served the Tenants with a valid 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. The Tenants were in possession of the rental unit on the date the application was filed. 3. The Tenants vacated the rental unit on August 5, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,000.00. It was due on the 1st day of each month. 5. The Tenants have paid $400.00 to the Landlords since the application was filed. 6. The rent arrears owing to August 5, 2022 are $5,528.75. 7. The Landlords incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. Order Page: 1 of 3  File Number: LTB-L-031164-22 8. The Landlords collected a rent deposit of $2,000.00 from the Tenants A. this deposit is still being held by the Landlords. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $10.39 is owing to the Tenants for the period 2023 ONLTB 16880 (CanLII) from March 1, 2022 to August 5, 2022. It is ordered that: 1. The tenancy between the Landlords A. the Tenants is terminated as of August 5, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlords $3,704.36. 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. The rent deposit A. interest the Landlords 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 Landlords the full amount owing on or before February 11, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 12, 2023 at 5.00% annually on the balance outstanding. January 31, 2023 Date Issued 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-031164-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 16880 (CanLII) A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $5,928.75 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlords since the - $400.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,000.00 Less the amount of the interest on the last month's rent deposit - $10.39 Less the amount the Landlords owe the Tenants for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the Landlords $3,704.36 Order Page: 3 of 3