LTB Order LTB-L-047787-22

2023 ONLTB 27602 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: HOLBORN HOLDINGS LTD v C., 2023 ONLTB 27602 Date: 2023-03-23 File Number: LTB-L-047787-22 In the matter of: 42, 75 OLD CHICOPEE DR KITCHENER ON N2A2G4 Between: HOLBORN HOLDINGS LTD Landlord And S.C. Tenant HOLBORN HOLDINGS LTD (the 'Landlord') applied for an order to terminate the tenancy and evict S.C. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 15, 2023. Only the Landlord’s representative David Ciobotaru attended the hearing As of 2:41pm, 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. 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 September 1, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $1750.00. It was due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. Order Page: 1 of 3  6. The L1/L9 update sheet filed by the Landlord with the Board, contained numerous errors. Submissions were taken on the date of the hearing. 7. The rent arrears owing to September 1, 2022 are $3,642.21. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 27602 (CanLII) File Number: LTB-L-047787-22 9. The Landlord applied the last month’s rent deposit to May 2022 when the Tenant advised the Landlord that she would be vacating the rental unit. The Tenant then did not vacate. 10. Interest on the rent deposit, in the amount of $15.02 is owing to the Tenant for the period from December 15, 2021 to September 1, 2022. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of September 1, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $3,813.19. 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 April 3, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 4, 2023 at 5.00% annually on the balance outstanding. March 23, 2023 ____________________________ Date Issued Dana Wren 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. File Number: LTB-L-047787-22 Schedule 1 Order Page: 2 of 3  SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $3,642.21 2023 ONLTB 27602 (CanLII) 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 - $15.02 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $3,813.19 Order Page: 3 of 3