LTB Order LTB-L-032550-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: H. v B., 2023 ONLTB 19728 Date: 2023-02-17 2023 ONLTB 19728 (CanLII) File Number: LTB-L-032550-22 In the matter of: 109 ALCORN AVE TORONTO ON M4V1E5 Between: A.M.H. Landlord And M.B. Tenants Peter Zuk A.M.H. (the 'Landlord') applied for an order to terminate the tenancy and evict M. B. and Peter Zuk (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 31, 2023. Only the Landlord’s Legal Representative A. Friel attended the hearing. As of 1:34 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 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 31, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $6,200.00. It was due on the 1st day of each month. 5. The Tenants have not made any payments since the application was filed. 6. After the application was filed, the Tenants received a credit of $23.46 for utilities bill in April 2022. 7. The rent arrears owing to August 31, 2022 are $18,576.54. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 3  File Number: LTB-L-032550-22 9. The Landlord collected a rent deposit of $6,200.00 from the Tenants and this deposit was credited to the Tenants for the rent of August 2022, by the Landlord. The rent deposit is not being applied to the arrears of rent because the tenants have already been credited for the same. 2023 ONLTB 19728 (CanLII) 10. Interest on the rent deposit, in the amount of $49.54 is owing to the Tenants for the period from September 1, 2021 to August 31, 2022. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of August 31, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $18,713.00. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application. The interest on the last month's rent deposit and the credit against utilities, 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 28, 2023, the Tenants will start to owe interest. This will be simple interest calculated from March 1, 2023 at 5.00% annually on the balance outstanding. February 17, 2023 Date Issued Sheena Brar Member, Landlord and 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-032550-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 19728 (CanLII) A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $18,600.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 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 - $0.00 Less the amount of the interest on the last month's rent deposit - $49.54 Less the amount the Landlord owes the Tenants for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $23.46 Total amount owing to the Landlord $18,713.00 Order Page: 3 of 3