LTB Order LTB-L-042833-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: PAN GROUP PROPERTIES v F., 2023 ONLTB 21920 Date: 2023-02-28 2023 ONLTB 21920 (CanLII) File Number: LTB-L-042833-22 In the matter of: 8, 185 QUEEN ST PORT PERRY ON L9L1B8 Between: PAN GROUP PROPERTIES Landlord A. J.F.A.T.O. Tenant PAN GROUP PROPERTIES (the 'Landlord') applied for an order to terminate the tenancy A. evict J.F.A.T.O. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 15, 2023. The Landlord, the Landlord’s Legal Representative Donna Wood A. the Tenant J. F. attended the hearing 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 October 28, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $. It was due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to October 28, 2022 are $26,596.16. The Tenant did not dispute the amount of arrears. 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 $2,250.00 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. Order Page: 1 of 3  File Number: LTB-L-042833-22 9. Interest on the rent deposit, in the amount of $26.78 is owing to the Tenant for the period from November 1, 2020 to October 28, 2022. It is ordered that: 2023 ONLTB 21920 (CanLII) 1. The tenancy between the Landlord A. the Tenant is terminated as of October 28, 2022, the date the Tenant moved out of the rental unit. 2. The Tenant shall pay to the Landlord $24,505.38. 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 11, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 12, 2023 at 5.00% annually on the balance outstanding. February 28, 2023 Date Issued Heather Chapple 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 F. at 1-888-332-3234. Order Page: 2 of 3  File Number: LTB-L-042833-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 21920 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $26,596.16 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 - $2,250.00 Less the amount of the interest on the last month's rent deposit - $26.78 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 $24,505.38 Order Page: 3 of 3