LTB Order LTB-L-037085-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: J. v K., 2023 ONLTB 20201 Date: 2023-03-15 2023 ONLTB 20201 (CanLII) File Number: LTB-L-037085-22 In the matter of: Upper unit, 33 DORMINGTON CRES BRAMPTON ON L6P3S8 Between: D.J. Landlord And S.K. Tenants Vijayakumar K. Vijayasri Balasingam K. Vithuna K. D.J. (the 'Landlord') applied for an order to terminate the tenancy and evict S.K., Vijayakumar K., Vijayasri Balasingam K. and Vithuna K. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on February 1, 2023. Only the Landlord attended the hearing. As of 2:19 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 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 8, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,425.00. It was due on the 1st day of each month. 5. The Tenants have paid $500.00 to the Landlord since the application was filed. 6. The rent arrears owing to September 8, 2022 are $9,687.81. Order Page: 1 of 4  File Number: LTB-L-037085-22 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 $2,524.00 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 2023 ONLTB 20201 (CanLII) tenancy terminated. 9. Interest on the rent deposit, in the amount of $33.25 is owing to the Tenants for the period from July 19, 2021 to September 8, 2022. Key Deposit 10. The Landlord collected a key deposit of $500.00 from the Tenants when the tenancy commenced and this deposit is still being held by the Landlord. 11. Subsection 134(1)(a) of the Residential Tenancies Act, 2006 (the ‘Act’) states: 134 (1) Unless otherwise prescribed, no landlord shall, directly or indirectly, with resp ect to any rental unit, (a) collect or require or attempt to collect or require from a tenant, prospective tenant or former tenant of the rental unit a fee, pre mium,commission, bonus, penalty, key deposit or other like amount of money whether or not the money is refundable; 12. Section 17, paragraph 3 of O. Reg. 516/06 under the Act provides: 17. The following payments are exempt from subsections 134 (1) and (3) of the Act: ... 3. Payment of a refundable key, remote entry device or card deposit, not greater t han the expected direct replacement costs. 13. The collection of the $500.00 key deposit is contrary to paragraph 134(1)(a) of the Act. I find that it is in substance an illegal security deposit as there is no indication that it is related to the expected direct replacement costs of the keys to the rental unit. Even if this was a key deposit, such a deposit is meant to be refundable and the Landlord has not returned the deposit to the Tenants. 14. As the Landlord has not returned the $500.00 to the Tenants, the Landlord is in ongoing breach of the Act. I am exercising my authority under section 201(1)(f) of the Act to amend the application to include a claim for the return of this illegal deposit pursuant to sections 82 and 135 of the Act. I shall also order that $500.00 deposit be applied to the arrears owing by the Tenants. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of September 8, 2022, the date the Tenant moved out of the rental unit Order Page: 2 of 4  File Number: LTB-L-037085-22 2. The Tenant shall pay to the Landlord $6,915.56. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit and the cost of filing the application. The rent deposit, interest the Landlord owes on the rent deposit and the key deposit is deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 20201 (CanLII) 3. If the Tenant does not pay the Landlord the full amount owing on or before March 26, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 27, 2023 at 5.00% annually on the balance outstanding. March 15, 2023 Date Issued Camille Clyne 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: 3 of 4  File Number: LTB-L-037085-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 20201 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $10,187.81 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $500.00 application was filed Less the amount of the last month's rent deposit - $2,425.00 Less the amount of the interest on the last month's rent deposit - $33.25 Less the amount the Landlord owes the Tenant for an {Key - $500.00 Deposit} Total amount owing to the Landlord $6,915.56 Order Page: 4 of 4