LTB Order LTB-L-036543-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: B. v M., 2023 ONLTB 22383 Date: 2023-02-28 2023 ONLTB 22383 (CanLII) File Number: LTB-L-036543-22 In the matter of: 1-770 Front Street North Bay, ON P1B 6N3 Between: A.T.B. Landlord And M.M. Tenant A.T.B. (the 'Landlord') applied for an order to terminate the tenancy and evict M.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 13, 2023. Only the Landlord’s agent Alexandra Kovacs-Espley attended the hearing. As of 9:41 am, 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 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. 3. The Tenant vacated the rental unit on October 6, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $1,500.00. It was due on the 1st day of each month. 5. The Tenant has paid $4,000.00 to the Landlord since the application was filed. 6. The rent arrears owing to October 6, 2022 are $1,295.92. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,500.00 from the Tenant and 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-036543-22 9. Interest on the rent deposit, in the amount of $46.76 is owing to the Tenant for the period from January 1, 2020 to October 6, 2022. It is ordered that: 2023 ONLTB 22383 (CanLII) 10. The tenancy between the Landlord and the Tenant is terminated as of October 6, 2022, the date the Tenant moved out of the rental unit 11. The Landlord shall pay to the Tenant $64.84. The Tenant owes the Landlord rent arrears owing up to the date the Tenant moved out of the rental unit and the cost of filing the application. The amount of rent deposit and interest the Landlord owes on the rent deposit exceeds the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 12. If the Landlord does not pay the Tenant the full amount owing on or before March 11, 2023, the Landlord will start to owe interest. This will be simple interest calculated from March 12, 2023 at 5.00% annually on the balance outstanding. February 28, 2023 Date Issued Jagger Benham Member, 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-036543-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 22383 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $5,295.92 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $4,000.00 application was filed Less the amount of the last month's rent deposit - $1,500.00 Less the amount of the interest on the last month's rent deposit - $46.76 Total amount owing to the Landlord $(64.84) Order Page: 3 of 3