LTB Order LTB-L-032040-22

Order under Section 87 & 89 Residential Tenancies Act, 2006 Citation: Endless Property Holdings v L., 2024 ONLTB 35051 Date: 2024-05-17 File Number: LTB-L-032040-22 In the matter of: 2-75 King Edward Avenue London, ON N5Z 3S7 MAY 17 2024 Between: Endless Property Holdings Landlord And D. L. F. Tenants Deseree Schneider Endless Property Holings (the 'Landlord') applied for an order requiring D. L. and Deseree Schneider (the 'F. Tenants') to pay the rent and daily compensation that the F. Tenants owe. Further, the Landlord applied for an order requiring the F. Tenants to pay the Landlord’s reasonable out-of-pocket costs that the Landlord incurred or will incur to repair or replace undue damage to property. The damage was caused wilfully or negligently by the F. Tenants another occupant of the rental unit or someone the F. Tenants permitted in the residential complex. This application was heard by videoconference on April 9, 2024. Only the Landlord’s Legal Representative Brittany Stewart attended the hearing. As of 1:53 pm, the F. Tenants were not present or represented at the hearing although properly served with notice of this hearing by the Landlord. 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. As explained below, the Landlord proved the allegations contained in the application on a balance of probabilities. Therefore, the F. Tenants shall pay to the Landlord $8,519.35. Order Page 1 of 4  File Number: LTB-L-032040-22 2. I am satisfied that the Landlord served the F. Tenants with the application and Notice of Hearing at least 30 days before the hearing in accordance with Rule 3.3 of the LTB's Rules of Procedure. 3. These documents were served on November 24, 2023 by e-mail. 4. The F. Tenants vacated the rental unit on April 25, 2022. Rent 5. The lawful rent was $1,295.00. It was due on the 1st of each month. 6. The F. Tenants have not made any payments since the application was filed. 7. The rent arrears owing to April 30, 2022 is $6,914.00 8. The Landlord collected a rent deposit of $1,280.00 from the F. Tenants and this deposit is still being held by the Landlord. The amount of the rent deposit and interest on the rent deposit is applied to the amount the F. Tenants are required to pay. 9. Interest on the rent deposit, in the amount of $5.05 is owing to the F. Tenants for the period from February 23, 2021 to April 30, 2022. Damage 10. The Landlord claimed damages in the amount of $2,689.40 with respect to the repair and replacement of window screens, drywall replacement, mudding and painting, replacing electrical outlets, the removal of furniture and garbage, fixing the broken fridge and repairing a missing stove element. 11. A copy of the invoice that was prepared on behalf of the Landlord was entered into evidence showing that the invoice was paid on May 30, 2022. 12. Based on the Landlord’s uncontested evidence, I am satisfied on a balance of probabilities that the F. Tenants willfully or negligently damaged the unit and will be ordered to pay the amount as plead. It is ordered that: 1. The F. Tenants shall pay to the Landlord $6,914.00, which represents rent and compensation owing up to April 30, 2022. 2. The F. Tenants shall also pay to the Landlord $2,689.40, which represents the reasonable costs the Landlord incurred as a result of the damage. 3. The F. Tenants shall pay to the Landlord $201.00 for the cost of filing the application. 4. The Landlord owes $1,285.05 which is the amount of the rent deposit and interest on the rent deposit, and this is deducted from the amount owing by the F. Tenants. Order Page 2 of 4  File Number: LTB-L-032040-22 5. The total amount the F. Tenants owe the Landlord is $8,519.35*. See Schedule 1 for the calculation of the amount owing. 6. If the F. Tenants do not pay the Landlord the full amount owing on or before May 28, 2024, the F. Tenants will start to owe interest. This will be simple interest calculated from May 29, 2024 at 7.00% annually on the balance outstanding. May 17, 2024 ____________________________ Date Issued Jagger Benham Member, Landlord and Tenant Board 15 Grosvenor Street, 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. * Refer to the attached Summary of Calculations. Order Page 3 of 4  File Number: LTB-L-032040-22 Schedule 1 SUMMARY OF CALCULATIONS Amount the F. Tenants must pay the Landlord: Rent and Compensation Owing To April 30, 2022 $6,914.00 Damage Costs $2,689.40 Application Filing Fee $201.00 Less the amount of the last month's rent deposit - $1,280.00 Less the amount of the interest on the last month's rent - $5.05 deposit Total amount owing to the Landlord $8,519.35 Order Page 4 of 4