LTB Order LTB-L-041660-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 17945 (CanLII) Citation: P. v B., 2023 ONLTB 17945 Date: 2023-02-03 File Number: LTB-L-041660-22 In the matter of: Main A. Upstairs, 825 C. A. O. O. L1J7N1 Between: S.P. L. A. D. M. B. Tenant S.P. (the 'L.') applied for an order to terminate the tenancy A. evict D. M. B. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 26, 2023. Only the L.’s Legal Representative Berkan Altun attended the hearing. As of 9:55 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. Since the Tenant did not attend A. the L. 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 L.’s Legal Representative relied on oral submissions A. referred to documents to support their application. L1 Application 2. The L. 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. Order Page: 1 of 3  4. The Tenant vacated the rental unit on February 27, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 5. The lawful rent is $2,146.50. It was due on the 1st day of each month. 6. The Tenant has not made any payments since the application was filed. 7. The rent arrears owing to February 27, 2022 are $3,315.84. 2023 ONLTB 17945 (CanLII) File Number: LTB-L-041660-22 8. The L. incurred costs of $201.00 for filing the application A. is entitled to reimbursement of those costs. 9. The L. collected a rent deposit of $2,146.50 from the Tenant A. this deposit is still being held by the L.. The rent deposit is applied to the arrears of rent because the tenancy terminated. 10. Interest on the rent deposit, in the amount of $19.12 is owing to the Tenant for the period from June 2, 2020 to February 27, 2022. L2 Application 11. Since the Tenant had vacated the rental unit by the day of the hearing, the L. requested consent of the Board to withdraw their L2 application. Pursuant to section 200(4) of the Residential Tenancies Act, 2006 (the Act), I consented to the request. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated as of February 27, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the L. $1,351.22. 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 L. 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 L. the full amount owing on or before February 14, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 15, 2023 at 5.00% annually on the balance outstanding. 4. The L.’s L2 application is dismissed. February 3, 2023 ____________________________ Date Issued John Cashmore Member, L. A. Tenant Board Order Page: 2 of 3 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. 2023 ONLTB 17945 (CanLII) File Number: LTB-L-041660-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $3,315.84 Application Filing Fee $201.00 Less the amount of the last month's rent deposit - $2,146.50 Less the amount of the interest on the last month's rent deposit - $19.12 Total amount owing to the L. $1,351.22 Order Page: 3 of 3