LTB Order LTB-L-038174-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 25858 (CanLII) Citation: K. B. v L., 2023 ONLTB 25858 Date: 2023-03-21 File Number: LTB-L-038174-22 In the matter of: 720 Arthur Park Avenue, Wood Stock Ontario, N4T OG8 Between: G.S.B.A.N.K.B. L. A. H. H. A. J. L. Tenants G.S.B.A.N.K.B. (the 'L.') applied for an order to terminate the tenancy A. evict H. H. A. J. L. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on March 2, 2023. Only the Landlords A. their Representative Russell Preddie attended the hearing. As of 1;30p.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 L.'s evidence. Determinations: 1. The L. served the Tenants with a valid Notice to End Tenancy Early for Nonpayment 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 November 17, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $2,880.00. It was due on the 1st day of each month. 5. The Tenant has paid $13,285.00 to the L. since the application was filed. 6. The rent arrears owing to November 17, 2022 are $5,604.56. Order Page: 1 of 3  7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. At the hearing the L. submitted that they did collect a rent deposit from the Tenants but they already applied it to previous arrears A. are there no longer holding it. However, the L. submitted that interest had not been paid on the rent deposit between 2023 ONLTB 25858 (CanLII) File Number: LTB-L-038174-22 December 1, 2021 A. June 1, 2022. As such interest in the amount of 14.39 is owing to the Tenants. It is ordered that: 1. The tenancy between the L. A. the Tenants is terminated as of November 17, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the L. $5,776.17. 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. Interest owing on the rent deposit has been subtracted. 3. If the Tenants do not pay the L. the full amount owing on or before April 1, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 2, 2023 at 5.00% annually on the balance outstanding. March 21, 2023 ____________________________ Date Issued Amanda Kovats Member, L. 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. File Number: LTB-L-038174-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Order Page: 2 of 3 Rent Owing To Move Out Date $18,889.56 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $13,285.00 application was filed 2023 ONLTB 25858 (CanLII) 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 - $0.00 Less the amount of the interest on the last month's rent deposit - $14.39 Less the amount the L. owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the L. $5,776.17 Order Page: 3 of 3