LTB Order LTB-L-047967-22

2023 ONLTB 27713 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Fisher Properties v Mckerral, 2023 ONLTB 27713 Date: 2023-03-30 File Number: LTB-L-047967-22 In the matter of: 898 PORT MAITLAND RD DUNNVILLE ON N1A2W6 Between: Fisher Properties Landlord And Brandi Oliphant, Tenants Claude Mckerral Stephen Bradt Fisher Properties (the 'Landlord') applied for an order to terminate the tenancy and evict Brandi Oliphant, Claude Mckerral and Stephen Bradt (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 15, 2023. Only the Landlord’s Legal Representative P. Startek attended the hearing. As of 2:03 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 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 September 26, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. Order Page: 1 of 3  4. The lawful rent is $1,518.00. 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 September 26, 2022 are $7,369.66. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 27713 (CanLII) File Number: LTB-L-047967-22 8. The Landlord collected a rent deposit of $1,500.00 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 $14.10 is owing to the Tenants for the period from December 15, 2020 to September 26, 2022. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of September 26, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $6,041.56. 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. 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 10, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 11, 2023 at 5.00% annually on the balance outstanding. March 30, 2023 ____________________________ Date Issued Sheena Brar Member, Landlord and Tenants 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-047967-22 Order Page: 2 of 3  Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated 2023 ONLTB 27713 (CanLII) Rent Owing To Move Out Date $7,369.66 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 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 - $1,500.00 Less the amount of the interest on the last month's rent deposit - $14.10 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 $6,041.56 Order Page: 3 of 3