LTB Order LTB-L-041064-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 25444 (CanLII) Citation: Scarfone professional corporation v L., 2023 ONLTB 25444 Date: 2023-03-21 File Number: LTB-L-041064-22 In the matter of: 3, 477 DOUGALL AVE WINDSOR ON N9A4P7 Between: 2241781 Ontario Inc Landlords Scarfone professional corporation And K.L. Tenant 2241781 Ontario Inc and Scarfone professional corporation (the 'Landlords') applied for an order to terminate the tenancy and evict K.L. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 27, 2023. Only the Landlord’s representative, Karl Schuster attended the hearing. As of 10:12 a.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. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. The Landlords 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 December 14, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $738.85. It was due on the 1st day of each month. 5. The Tenant has paid $1,450.00 to the Landlord since the application was filed. Order Page: 1 of 3  6. The rent arrears owing to December 14, 2022 are $2,528.92. 7. The Landlords incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 25444 (CanLII) File Number: LTB-L-041064-22 8. The Landlords collected a rent deposit of $725.00 from the Tenant and this deposit is still being held by the Landlords. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $10.49 is owing to the Tenant for the period from October 1, 2021 to December 14, 2022. It is ordered that: 1. The tenancy between the Landlords and the Tenant is terminated as of December 14, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $1,979.43. 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 Landlords 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 1, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 2, 2023 at 5.00% annually on the balance outstanding. March 21, 2023 ____________________________ Date Issued Camille Clyne 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 ONLTB 25444 (CanLII) File Number: LTB-L-041064-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $3,978.92 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $1,450.00 application was filed Less the amount of the last month's rent deposit - $725.00 Less the amount of the interest on the last month's rent deposit - $10.49 Total amount owing to the Landlord $1,979.43 Order Page: 3 of 3