LTB Order LTB-L-035888-22

Order under Subsection 87(1) Residential Tenancies Act, 2006 Citation: Jama Property Management v H., 2023 ONLTB 19733 2023 ONLTB 19733 (CanLII) Date: 2023-02-09 File Number: LTB-L-035888-22 In the matter of: H, 325 CAMPBELL ST BRANTFORD ON N3S5B6 Between: Jama Property Management Landlord A. D.H.A.J.P. Tenant Jama Property Management (the 'Landlord') applied for an order requiring D. H. A. J. P. (the 'Tenant') to pay the rent that the Tenant owes. This application was heard by videoconference on February 2, 2023. Only the Landlord’s Agent Rob Light attended the hearing. As of 1:50 p.m., 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: 1. The Tenant vacated the rental unit on October 14, 2022. The Tenant was in possession of the rental unit on the date the application was filed. 2. Rent arrears are calculated up to the date the Tenant vacated the rental unit. 3. The lawful rent is $2,045.00. It is due on the 1st day of each month. 4. The Tenant has not made any payments since the application was filed. 5. The rent arrears A. daily compensation owing to October 14, 2022 are $9,271.22 6. The Landlord collected a rent deposit of $2,045.00 from the Tenant A. this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy is terminated. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. This order contains all of the reasons in this matter A. no further reasons will be issued. Order Page: 1 of 2 It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated as of October 14, 2022, the date the Tenant moved out of the rental unit. 2023 ONLTB 19733 (CanLII) 2. The Tenant shall pay to the Landlord $9,271.00. This amount includes rent arrears owing up to October 14, 2022 A. the cost of the application minus the rent deposit owing. 3. If the Tenant does not pay the Landlord the full amount owing on or before February 20, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 21, 2023 at 5.00% annually on the balance outstanding. February 9, 2023 Date Issued Heather Chapple Member, Landlord A. Tenant Board 15 Grosvenor Street, 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 2