LTB Order LTB-L-048324-22

Order under Section 69 2023 ONLTB 27508 (CanLII) Residential Tenancies Act, 2006 Citation: K. v B., 2023 ONLTB 27508 Date: 2023-03-28 File Number: LTB-L-048324-22 In the matter of: UPPER UNIT, 522 BROOKS ST SHELBURNE ON L9V3X5 Between: J.K. Landlord A. E.B.A.R.B. Tenants J.K. (the 'Landlord') applied for an order to terminate the tenancy A. evict E. B. A. R. B. (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 legal representative, Jorge Steinmetz (‘JS’), attended the hearing. As of 9:31 a.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 September 30, 2022. JS stated that the Landlord knew the Tenants vacated the rental unit on September 30, 2022 because they had advised the Landlord of their intention to do so, A. on September 30, 2022 the Landlord’s son saw a moving truck at the rental unit. The Landlord then entered the rental unit, found it empty, A. found the key for the rental unit left inside. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent was $2,500.00. It was due on the 1st day of each month. Order Page: 1 of 3  File Number: LTB-L-048324-22 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to September 30, 2022 are $5,000.00. 2023 ONLTB 27508 (CanLII) 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,500.00 from the Tenants A. 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 $19.64 is owing to the Tenants for the period from February 4, 2022 to September 30, 2022. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of September 30, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $2,666.36. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit A. the cost of filing the application. The rent deposit A. 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 8, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 9, 2023 at 5.00% annually on the balance outstanding. March 28, 2023 ____________________________ Date Issued Mark Melchers 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. Order Page: 2 of 3  File Number: LTB-L-048324-22 2023 ONLTB 27508 (CanLII) Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $5,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the application was - $0.00 filed Less the amount the Tenants paid into the LTB since the application was - $0.00 filed Less the amount of the last month's rent deposit - $2,500.00 Less the amount of the interest on the last month's rent deposit - $19.64 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 $2,666.36 Order Page: 3 of 3