LTB Order LTB-L-040221-22

Order under Section 69 2023 CanLII 136106 (ON LTB) Residential Tenancies Act, 2006 File Number: LTB-L-040221-22 In the matter of: Basement, 13A BARTLETT AVE TORONTO ON M6H3E8 Between: D.N. Landlord And N.V.D. Tenant D.N. (the 'Landlord') applied for an order to terminate the tenancy and evict (Lease Cosigner) and N.V.D. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 16, 2023. The Landlord and the Tenant attended the hearing. Preliminary Issue: The Tenant’s father, who is a named co-signer in the tenancy agreement, is not a party to the application. 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 application was filed. 3. The Tenant vacated the rental unit on February 3, 2023. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $1,350.00. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to February 3, 2023 are $12,293.10. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 3  8. The Landlord collected a rent deposit of $1,350.00 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 tenancy terminated. 9. Interest on the rent deposit, in the amount of $20.18 is owing to the Tenant for the period from December 23, 2021 to February 3, 2023. 2023 CanLII 136106 (ON LTB) File Number: LTB-L-040221-22 It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of February 3, 2023, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $11,108.92. 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 October 27, 2023, the Tenant will start to owe interest. This will be simple interest calculated from October 28, 2023 at 5.00% annually on the balance outstanding. February 27, 2023 ____________________________ Date Issued Jitewa Edu 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  2023 CanLII 136106 (ON LTB) File Number: LTB-L-040221-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $12,293.10 Application Filing Fee $186.00 Less the amount of the last month's rent deposit - $1,350.00 Less the amount of the interest on the last month's rent deposit - $20.18 Total amount owing to the Landlord $11,108.92 Order Page: 3 of 3