LTB Order LTB-L-039678-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Gutherie v M., 2023 ONLTB 22066 Date: 2023-02-23 2023 ONLTB 22066 (CanLII) File Number: LTB-L-039678-22 In the matter of: 31 SPRINGBROOK DRIVE PETERBOROUGH ON K9J1L3 Between: G.G. Landlord And C.M. Tenants Jeanette Foster G.G. (the 'Landlord') applied for an order to terminate the tenancy and evict C. M. and Jeanette Foster (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on February 15, 2023. Only the Landlord’s legal representative Kelly Hawkes attended the hearing. As of 2:32pm, 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 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 December 12, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,800.00. It was due on the 1st day of each month. 5. The Tenants have paid $700.00 to the Landlord since the application was filed. 6. The rent arrears owing to December 12, 2022 are $25,604.60. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. Order Page: 1 of 3  File Number: LTB-L-039678-22 It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of December 12, 2022, the date the Tenants moved out of the rental unit 2023 ONLTB 22066 (CanLII) 2. The Tenants shall pay to the Landlord $25,790.60. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 3. If the Tenants do not pay the Landlord the full amount owing on or before March 6, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 7, 2023 at 5.00% annually on the balance outstanding. February 23, 2023 Date Issued Fabio Quattrociocchi 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. Order Page: 2 of 3  File Number: LTB-L-039678-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 22066 (CanLII) A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $26,304.60 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $700.00 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 - $0.00 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 $25,790.60 Order Page: 3 of 3