LTB Order LTB-L-046866-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 29216 (CanLII) Citation: Hillhurst Park Apartments v Kotai, 2023 ONLTB 29216 Date: 2023-04-05 File Number: LTB-L-046866-22 In the matter of: 601, 2700 BATHURST ST NORTH YORK ON M6B2Z7 Between: Hillhurst Park Apartments Landlord And J.G.K. Tenants J. Gezane Kotai J. Kotai Hillhurst Park Apartments (the 'Landlord') applied for an order to terminate the tenancy and evict J.G.K. J. Gezane Kotai and J. Kotai (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 16, 2023. Only the Landlord’s representative, Mark Ciobotaru attended the hearing. As of 10:00 a.m., the Tenants 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 Landlord served the Tenants with a valid Notice to End Tenancy Early for Non-payment 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 was in possession of the rental unit on the date the application was filed. 3. The Tenants vacated the rental unit on January 25, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. Order Page: 1 of 3  4. The lawful rent is $2,075.00. It was due on the 1st day of each month. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to January 25, 2023 are $18,305.50. 2023 ONLTB 29216 (CanLII) File Number: LTB-L-046866-22 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,075.00 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. 9. Interest on the rent deposit, in the amount of $47.04 is owing to the Tenants for the period from March 1, 2022 to January 25, 2023. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of January 25, 2023, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $16,369.46. This amount includes rent arrears ($18,305.48) owing up to the date the Tenants moved out of the rental unit and the cost of filing the application ($186.00). 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 does not pay the Landlord the full amount owing on or before April 16, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 17, 2023 at 6.00% annually on the balance outstanding. April 5, 2023 ____________________________ Date Issued Camille Clyne Member, Landlord and Tenants Board 15 Grosvenor St, Ground Floor Toronto ON M7A 2G6 Order Page: 2 of 3 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. File Number: LTB-L-046866-22 2023 ONLTB 29216 (CanLII) Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $18,305.50 Application Filing Fee $186.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,075.00 Less the amount of the interest on the last month's rent deposit - $47.04 Total amount owing to the Landlord $16,369.46 Order Page: 3 of 3