LTB Order LTB-L-033150-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Drewlo Holdings Inc. v Walkington, 2023 ONLTB 18458 Date: 2023-02-10 2023 ONLTB 18458 (CanLII) File Number: LTB-L-033150-22 In the matter of: 1212, 80 CAPULET LANE LONDON ON N6H0B4 Between: Drewlo Holdings Inc. Landlord And E.N.J.W.K. Tenants Macdonald and Kenneth Macdonald Drewlo Holdings Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict E. Noftle, J. Walkington, Kelsey-rose Macdonald and Kenneth Macdonald (the 'Tenants') because the Tenant did not pay the rent that the Tenants owe. The Landlord also claimed charges related to NSF cheques This application was heard by videoconference on January 31, 2023. Only the Landlord's Legal Representative C. Philip attended the hearing. As of 9:46 a.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 September 30, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $2,003.00. It was due on the 1st day of each month. 5. The Tenants have paid $3,277.00 to the Landlord since the application was filed. 6. The rent arrears owing to September 30, 2022 are $10,744.00. Order Page: 1 of 3  File Number: LTB-L-033150-22 7. The Landlord is entitled to $80.00 to reimburse the Landlord for administration charges and $20.00 for bank fees the Landlord incurred as a result of 4 cheques given by or on behalf of the Tenants which were returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to 2023 ONLTB 18458 (CanLII) reimbursement of those costs. 9. The Landlord collected a rent deposit of $2,003.00 from the Tenants and this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy terminated. 10. Interest on the rent deposit, in the amount of $17.65 is owing to the Tenants for the period from January 6, 2022 to September 30, 2022. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of September 30, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $9,009.35. 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 and unpaid NSF charges. The rent deposit and 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 21, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 22, 2023 at 5.00% annually on the balance outstanding. February 10, 2023 Date Issued Nicola Mulima Vice Chair, 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. Order Page: 2 of 3  File Number: LTB-L-033150-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 18458 (CanLII) A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $14,021.00 Application Filing Fee $186.00 NSF Charges $100.00 Less the amount the Tenants paid to the Landlord since the - $3,277.00 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 - $2,003.00 Less the amount of the interest on the last month's rent deposit - $17.65 Less the amount the Landlord owes the Tenant for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $9,009.35 Order Page: 3 of 3