LTB Order LTB-L-040364-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 21653 (CanLII) Citation: 1006057 ONTARIO LIMITED v G., 2023 ONLTB 21653 Date: 2023-03-08 File Number: LTB-L-040364-22 In the matter of: A101, 5629 Swayze Drive Niagara Falls ON L2J0G6 Between: 1006057 ONTARIO LIMITED Landlord A. A.G.A.M.B. Tenant 1006057 ONTARIO LIMITED (the 'Landlord') applied for an order to terminate the tenancy A. evict A.G.A.M.B. (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 A. the Tenant attended the hearing The Tenant requested an adjournment because this is a rent-to-purchase civil matter in which the Landlord did not follow through it, hence the rent arrears. The Tenant also claims his request was because Tenant Duty Counsel is unavailable. Due to the schedule, his legal representative withdrew 48 hours before the hearing A. wants to postpone this matter to seek legal representation. The Tenant then consented to proceed with the hearing. I denied the adjournment request because the Board received the L1 application on July 19, 2022, over six months ago. It is undisputed that the Tenant was served with the L1 application of the Landlord A. had adequate time to address the rent arrears. I find there would be significant prejudice to the Landlord if an adjournment was granted. 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. Order Page: 1 of 3  3. 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 lawful rent is $2060.00. It was due on the 15th day of each month. 5. The Tenant has not made any payments since the application was filed. 2023 ONLTB 21653 (CanLII) File Number: LTB-L-040364-22 6. The rent arrears owing to September 15, 2022 are $4,312.75. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,060.00 from the Tenant A. 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 $60.98 is owing to the Tenant for the period from June 5, 2021 to September 15, 2022. It is ordered that: 1. The tenancy between the Landlord A. 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 $4,312.75. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit A. the cost of filing the application. The rent deposit A. 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 19, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 20, 2023 at 5.00% annually on the balance outstanding. March 8, 2023 ____________________________ Date Issued Percy Laryea Member, Landlord A. 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-040364-22 2023 ONLTB 21653 (CanLII) Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $6,247.73 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 - $2,060.00 Less the amount of the interest on the last month's rent deposit - $60.98 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 $4,312.75 Order Page: 3 of 3