LTB Order LTB-L-036441-22

Order under Subsection 87(1) 2023 ONLTB 19831 (CanLII) Residential Tenancies Act, 2006 Citation: IMH POOL XX LP v G., 2023 ONLTB 19831 Date: 2023-02-13 File Number: LTB-L-036441-22 In the matter of: 2207, 2460 WESTON RD NORTH YORK ON M9N2A4 Between: IMH POOL XX LP Landlord A. J.M.G.A. Tenant Macarena Diaz Salgado IMH POOL XX LP (the 'Landlord') applied for an order requiring J.M.G.A. Macarena Diaz Salgado (the 'Tenant') to pay the rent that the Tenant owes. This application was heard by videoconference on February 2, 2023. Only the Landlord’s Legal Representative Matt Anderson attended the hearing. As of 9:59 a.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 September 14, 2022. The Tenant was in possession of the rental unit on the date the application was filed. 2. The Tenant did not pay the total rent they were required to pay for the period from June 1, 2022 to September 14, 2022. 3. The lawful rent is $1,760.00. 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 September 14, 2022 are $5,975.04  6. The Landlord collected a rent deposit of $1,760.00 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. Interest on the rent deposit, in the amount of $14.87 is owing to the Tenant for the period from December 1, 2021 to September 14, 2022. 2023 ONLTB 19831 (CanLII) Order Page: 1 of 2 8. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. It is ordered that: 1. The Tenant shall pay to the Landlord $4,386.17. This amount includes rent arrears owing up to September 14, 2022 A. the cost of the application minus the rent deposit A. interest owing. 2. If the Tenant does not pay the Landlord the full amount owing on or before February 24, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 25, 2023 at 5.00% annually on the balance outstanding. February 13, 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. 2023 ONLTB 19831 (CanLII)