LTB Order LTB-L-043870-22

Order under Section 69 R. Tenancies Act, 2006 2023 ONLTB 26518 (CanLII) Citation: S.C.R.G.F. v B., 2023 ONLTB 26518 Date: 2023-03-24 File Number: LTB-L-043870-22 In the matter of: 6, 2029 VICTORIA PARK AVE SCARBOROUGH ON M1R1V4 Between: S.C.R.G.F. Landlord And D.B. Tenants Sandra B. S.C.R.G.F. (the 'Landlord') applied for an order to terminate the tenancy and evict D.B. and Sandra B. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The Landlord also claimed charges related to NSF cheques This application was heard by videoconference on March 1, 2023. The Landlord did not attend the hearing but was represented by Matt Anderson. As of 1:28 p.m., the Tenants were 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 Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). The Tenants 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 Tenants were in possession of the rental unit on the date the application was filed. 3. The Tenants vacated the rental unit on November 26, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,912.53. It was due on the 1st day of each month. Order Page: 1 of 3  5. The Tenants had paid $2,300.00 to the Landlord since the application was filed. 6. The rent arrears owing to November 26, 2022 are $8,939.62. File Number: LTB-L-043870-22 2023 ONLTB 26518 (CanLII) 7. The Landlord is entitled to $40.00 to reimburse the Landlord for administration charges the Landlord incurred as a result of 2 cheques given by or on behalf of the Tenants which were returned NSF. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $2,878.00 from the Tenants and this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy terminated. 10. Interest on the rent deposit, in the amount of $10.85 is owing to the Tenants for the period from January 1, 2021 to November 26, 2022. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of November 26, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $6,276.77. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application and unpaid NSF charges. The rent deposit and interest the Landlord owes on the rent deposit is deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 3. If the Tenants do not pay the Landlord the full amount owing on or before April 4, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 5, 2023 at 5.00% annually on the balance outstanding. March 24, 2023 ____________________________ Date Issued Emile Ramlochan 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 *Note: When the LTB directs payment-out, the C. 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. 2023 ONLTB 26518 (CanLII) File Number: LTB-L-043870-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $11,239.62 Application Filing Fee $186.00 NSF Charges $40.00 Less the amount the Tenants paid to the Landlord since the - $2,300.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,878.00 Less the amount of the interest on the last month's rent deposit - $10.85 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $6,276.77 Order Page: 3 of 3