Evictly

LTB Order LTB-L-032325-22

Citation
2023 ONLTB 18624
Decided
2023-02-08
Rental unit
1602, 1541 LYCEE PL OTTAWA ON K1G4E2
Landlord
1213763/1319399 Ontario Inc
Tenant
J.C.A.Z.W.
RTA section
s. 69
Order under Section 69 Residential Tenancies Act, 2006 Citation: 1213763/1319399 Ontario Inc v C., 2023 ONLTB 18624 Date: 2023-02-08 2023 ONLTB 18624 (CanLII) File Number: LTB-L-032325-22 In the matter of: 1602, 1541 LYCEE PL OTTAWA ON K1G4E2 Between: 1213763/1319399 Ontario Inc Landlord A. J.C.A.Z.W. Tenants 1213763/1319399 Ontario Inc (the 'Landlord') applied for an order to terminate the tenancy A. evict J.C.A.Z.W. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 30, 2023. Only the Landlord’s legal representative, David Lyman attended the hearing. As of 10:46 a.m. the Tenants were not present or represented at the hearing. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Non- payment of Rent (N4 Notice). 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 January 15, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $1,730.85. It was due on the 1st day of each month. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to January 15, 2023 are $16,287.52. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,730.85 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. 9. Interest on the rent deposit, in the amount of $9.01 is owing to the Tenants for the period from November 1, 2022 to January 15, 2023. Order Page: 1 of 3 File Number: LTB-L-032325-22 It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of January 15, 2023, the date the Tenants moved out of the rental unit 2023 ONLTB 18624 (CanLII) 2. The Tenants shall pay to the Landlord $14,733.66. 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 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 19, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 20, 2023 at 5.00% annually on the balance outstanding. February 8, 2023 Date Issued Debbie Mosaheb 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. Order Page: 2 of 3 File Number: LTB-L-032325-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 18624 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $16,287.52 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,730.85 Less the amount of the interest on the last month's rent deposit - $9.01 Total amount owing to the Landlord $14,733.66 Order Page: 3 of 3