LTB Order LTB-L-032715-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 46300 (CanLII) Citation: E. P. v E. C., 2023 ONLTB 46300 Date: 2023-06-28 File Number: LTB-L-032715-22 In the matter of: 1, 719 Peel Street Woodstock ON N4S1L5 Between: E.P.A.M.P. L. A. E. C. Tenant E.P.A.M.P. (the 'Landlord') applied for an order to terminate the tenancy A. evict E. C. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. (‘L1 application’) The Landlord also applied for an order to terminate the tenancy A. evict the Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has wilfully or negligently caused undue damage to the premises. (‘L2 application’) These applications were heard together by videoconference on June 22, 2023. The L. were represented at the hearing by Theresa Forrest. The Tenant was 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: L1 Application 1. The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant 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 Tenant was in possession of the rental unit on the date the application was filed. Order Page: 1 of 3  3. The Tenant vacated the rental unit on March 31, 2023. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The rent arrears owing to March 31, 2023 are $28,208.25. 5. The L. incurred costs of $186.00 for filing the application A. are entitled to reimbursement of those costs. 2023 ONLTB 46300 (CanLII) File Number: LTB-L-032715-22 6. The L. collected a rent deposit of $2,200.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit is applied to the arrears of rent because the tenancy terminated. 7. Interest on the rent deposit, in the amount of $58.92 is owing to the Tenant for the period from March 6, 2022, to March 31, 2023. L2 Application 8. Given the Tenant has vacated the rental unit, the L2 application is dismissed as moot. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated as of March 31, 2023, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the L. $26,135.33. 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 Tenant does not pay the L. the full amount owing on or before July 9, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 10, 2023, at 6.00% annually on the balance outstanding. June 28, 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. Order Page: 2 of 3  File Number: LTB-L-032715-22 2023 ONLTB 46300 (CanLII) Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $28,208.25 Application Filing Fee $186.00 Less the amount of the last month's rent deposit - $2,200.00 Less the amount of the interest on the last month's rent deposit - $58.92 Total amount owing to the Landlord $26,135.33 Order Page: 3 of 3