LTB Order LTB-L-047811-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 31583 (CanLII) Citation: D. v S., 2023 ONLTB 31583 Date: 2023-04-17 File Number: LTB-L-047811-22 In the matter of: 176 ROW PL BROCKVILLE ON K6V6V2 Between: B.D.A.Z.T.M. L. A. A. S. A. P. D. N. Tenants Kennedy B.D.A.Z.T.M. (the 'L.') applied for an order to terminate the tenancy A. evict A. S. A. P. D. N. Kennedy (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 14, 2023. Only the L. attended the hearing. As of 1:47 p.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 L.’ evidence. Determinations: 1. The L. 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 was in possession of the rental unit on the date the application was filed. 3. The Tenants vacated the rental unit on November 8, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,350.00. It was due on the 1st day of each month. Order Page: 1 of 3  File Number: LTB-L-047811-22 5. The Tenants have paid $4,300.00 to the L. since the application was filed. 6. The rent arrears owing to November 8, 2022 are $1,318.08. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to 2023 ONLTB 31583 (CanLII) reimbursement of those costs. 8. The L. collected a rent deposit of $2,300.00 from the Tenants A. this deposit is still being held by the L.. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $20.64 is owing to the Tenants for the period from February 9, 2022 to November 8, 2022. It is ordered that: 1. The tenancy between the L. A. the Tenants is terminated as of November 8, 2022, the date the Tenants moved out of the rental unit 2. The L. shall pay to the Tenants $816.56. The Tenants owe the L. rent arrears owing up to the date the Tenants moved out of the rental unit A. the cost of filing the application. The amount of rent deposit A. interest the L. owe on the rent deposit exceeds the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 3. If the L. doe not pay the Tenants the full amount owing on or before April 28, 2023, the L. will start to owe interest. This will be simple interest calculated from April 29, 2023 at 6.00% annually on the balance outstanding. April 17, 2023 ____________________________ Date Issued William Greenberg 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 free at 1-888-332-3234. *Note: When the LTB directs payment-out, the Canadian 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. Order Page: 2 of 3  File Number: LTB-L-047811-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 31583 (CanLII) A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $5,618.08 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the - $4,300.00 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 - $2,300.00 Less the amount of the interest on the last month's rent deposit - $20.64 Less the amount the L. owe the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the L. $(816.56) Order Page: 3 of 3