LTB Order LTB-L-039364-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Benstar (No. 3) Limited Partnership c/o Forest Hill Kipling v A., 2023 ONLTB 21771 2023 ONLTB 21771 (CanLII) Date: 2023-02-28 File Number: LTB-L-039364-22 In the matter of: 702, 2067 PROSPECT ST BURLINGTON ON L7R1Z3 Between: Benstar (No. 3) Limited Partnership c/o Landlord Forest Hill Kipling And A.A. Tenant Benstar (No. 3) Limited Partnership c/o Forest Hill Kipling (the 'Landlord') applied for an order to terminate the tenancy and evict A.A. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 15, 2023. Only the Landlord’s Legal Representative Joshua Labbe attended the hearing. As of 1:39 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. Since the Tenant did not attend and the Landlord was prepared to proceed, the matter proceeded by way of an uncontested hearing pursuant to section 7 of the Statutory Powers Procedure Act, R.S.O. 1990. Determinations: 1. At the hearing the Landlord’s Legal Representative relied on oral submissions and referred to documents to support their application. 2. 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. 3. The Tenant was in possession of the rental unit on the date the application was filed. 4. The Tenant vacated the rental unit on August 5, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 5. The lawful rent was $1,876.24. It was due on the 1st day of each month. 6. The Tenant has paid $1,000.00 to the Landlord since the application was filed. Order Page: 1 of 3  File Number: LTB-L-039364-22 7. The rent arrears owing to August 5, 2022 are $3,941.28. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $1,869.22 from the Tenant and this deposit is still 2023 ONLTB 21771 (CanLII) being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy terminated. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of August 5, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $2,258.06. 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 March 11, 2023, the Tenant 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 John Cashmore 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-039364-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 21771 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $4,941.28 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,000.00 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 - $1,869.22 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenant for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $2,258.06 Order Page: 3 of 3