LTB Order LTB-L-038752-22

2023 ONLTB 29222 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Awana Capital Inc. v C., 2023 ONLTB 29222 Date: 2023-04-03 File Number: LTB-L-038752-22 In the matter of: 97 GRANVILLE ST VANIER ON K1L6Y3 Between: Awana Capital Inc. Landlord And M.C. Tenant Awana Capital Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict M. C. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. (L1 application) This L1 application was heard by videoconference on February 14, 2023. Only the Landlord’s Agents, George Berchan and Matthew Berchan, attended the hearing. As of 1:59 pm, 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 L1 application was filed. 3. Based on the Landlord’s submissions, the Tenant vacated the rental unit on September 15, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The monthly rent is $1,450.00. It was due on the 1st day of each month. 5. The Tenant did not make any payments since the L1 application was filed. Order Page: 1 of 3  6. The rent arrears owing to September 15, 2022 are $9,415.05. 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 $1,450.00 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 2023 ONLTB 29222 (CanLII) tenancy terminated. File Number: LTB-L-038752-22 9. Interest on the rent deposit, in the amount of $3.15 is owing to the Tenant for the period from July 12, 2022 to September 15, 2022. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of September 15, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $8,147.90. 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 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 April 14, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 15, 2023 at 5.00% annually on the balance outstanding. April 3, 2023 ___________ Date Issued Alex Brkic 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. *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-038752-22 Order Page: 2 of 3  Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated 2023 ONLTB 29222 (CanLII) Rent Owing To Move Out Date (Sept 15/2022) $9,415.05 Application Filing Fee $186.00 NSF Charges $0.00 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 - $1,450.00 Less the amount of the interest on the last month's rent deposit - $3.15 Total amount owing to the Landlord $8,147.90 Order Page: 3 of 3