LTB Order LTB-L-043792-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: 13622690 CANADA INC. v D., 2023 ONLTB 20288 Date: 2023-02-13 2023 ONLTB 20288 (CanLII) File Number: LTB-L-043792-22 In the matter of: 6, 569 QUEEN ST W SAULT STE. MARIE ON P6A1A8 Between: 13622690 CANADA INC. Landlords Mathew Moxness And K.D. Tenant 13622690 CANADA INC. and Mathew Moxness (the 'Landlords') applied for an order to terminate the tenancy and evict K.D. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 7, 2023. Only the Landlord's Legal Representative J. Dean As of 9:44 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. Preliminary Issue: The Landlord's Legal Representative requested that the application be amended to amend the second landlord’s name, the Director of the corporation. The application was amended. 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 Landlord's Legal Representative testified that the Tenant vacated the rental unit on September 30, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $900.00. It was due on the 1st day of each month. Order Page: 1 of 3  File Number: LTB-L-043792-22 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to September 30, 2022 are $7,200.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to 2023 ONLTB 20288 (CanLII) reimbursement of those costs. 8. There is no last month's rent deposit. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of September 30, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $7,386.00. 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. 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 February 24, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 25, 2023 at 5.00% annually on the balance outstanding. February 13, 2023 Date Issued Nicola Mulima Vice Chair, 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  File Number: LTB-L-043792-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 20288 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date of September 30, 2023 $7,200.00 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 - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 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 $7,386.00 Order Page: 3 of 3