LTB Order LTB-L-034806-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Equiton Residential Income Fund LP. v S., 2023 ONLTB 19579 Date: 2023-02-15 2023 ONLTB 19579 (CanLII) File Number: LTB-L-034806-22 In the matter of: 301, 75 MARY ST CHATHAM ON N7L1A5 Between: Equiton Residential Income Fund LP. Landlord A. D.S.A.J.M. Tenants Equiton Residential Income Fund LP. (the 'Landlord') applied for an order to terminate the tenancy A. evict D.S.A.J.M. (the 'Tenants') because the Tenants did not pay the rent that the Tenant owes. This application was heard by videoconference on February 1, 2023. Only the Landlord's Legal Representative Daniel Abraham attended the hearing. As of 1:59 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 July 13, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $974.55. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to July 13, 2022 are $1,379.50. 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 $963.00 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. Order Page: 1 of 3  File Number: LTB-L-034806-22 9. Interest on the rent deposit, in the amount of $12.00 is owing to the Tenant for the period from June 30, 2020 to July 13, 2022. It is ordered that: 2023 ONLTB 19579 (CanLII) 1. The tenancy between the Landlord A. the Tenants is terminated as of July 13, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $1,160.10 . 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 Landlord the full amount owing on or before February 26, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 27, 2023 at 5.00% annually on the balance outstanding. February 15, 2023 Date Issued Anthony Bruno 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. *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-034806-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 19579 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $1,949.10 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $963.00 Less the amount of the interest on the last month's rent deposit - $12.00 Less the amount the Landlord owes the Tenant for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $1,160.10 Order Page: 3 of 3