LTB Order LTB-L-038430-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 25748 (CanLII) Citation: S.L. v A., 2023 ONLTB 25748 Date: 2023-03-17 File Number: LTB-L-038430-22 In the matter of: 406, 3410 PETER ST WINDSOR ON N9C1J3 Between: S.L. Landlord And S.W.A. Tenant S.L. (the 'Landlord') applied for an order to terminate the tenancy and evict S. W. A. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques This application was heard by videoconference on February 14, 2023. The Landlord’s Agent, Juliet Mazorodze, and the Tenant attended the hearing Determinations: Preliminary Matter- Determining Date of Termination 1. The Landlord testified that the tenancy had ended December 5, 2022, which is when they had discovered the keys left behind in the rental unit and the unit was abandoned. 2. The Tenant testified that she had vacated the rental unit on October 1, 2022, pursuant to the notice of termination. 3. The Landlord was unable to provide any evidence that would contest the Tenant’s submission. Evidence that I would consider relevant would be witness accounts of the Tenant being in the rental unit after October 1, 2022, or whether there was anything in the vacated unit that would suggest that the Tenant had been in the unit since the Tenant allegedly vacated. 4. Based on the evidence before me, I am satisfied that the Tenant vacated the rental unit as of October 1, 2022. Merits Order Page: 1 of 4  5. 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. 2023 ONLTB 25748 (CanLII) File Number: LTB-L-038430-22 6. The Tenant was in possession of the rental unit on the date the application was filed. 7. The Tenant vacated the rental unit on October 1, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 8. The lawful rent is $1,290.81. It was due on the 1st day of each month. 9. The Tenant has not made any payments since the application was filed. 10. The rent arrears owing to October 1, 2022, are $7,772.30. 11. The Landlord is entitled to $160.00 to reimburse the Landlord for administration charges and $0.00 for bank fees the Landlord incurred as a result of 8 cheques given by or on behalf of the Tenant which were returned NSF. 12. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 13. The Landlord collected a rent deposit of $1,290.81 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. 14. Interest on the rent deposit, in the amount of $7.81 is owing to the Tenant for the period from April 1, 2022, to October 1, 2022. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of October 1, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $6,819.68. 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 and unpaid NSF charges. The rent deposit and interest the Landlord owes on the rent deposit is deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the Landlord the full amount owing on or before March 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 29, 2023 at 5.00% annually on the balance outstanding. March 17, 2023 ____________________________ Date Issued Robert Brown Member, Landlord and Tenant Board Order Page: 2 of 4 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. 2023 ONLTB 25748 (CanLII) *Note: When the LTB directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice. File Number: LTB-L-038430-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $7,772.30 Application Filing Fee $186.00 NSF Charges $160.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed 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 - $1,290.81 Less the amount of the interest on the last month's rent deposit - $7.81 Less the amount the Landlord 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 Landlord $6,819.68 Order Page: 3 of 4 Order Page: 4 of 4 2023 ONLTB 25748 (CanLII)