LTB Order LTB-L-048357-22

Order under Section 69 2023 ONLTB 29366 (CanLII) Residential Tenancies Act, 2006 Citation: E. v S., 2023 ONLTB 29366 Date: 2023-04-06 File Number: LTB-L-048357-22 In the matter of: 3, 11 Foss Road Welland ON L3C3C9 Between: L.E. L. A. K. S. Tenants Kyle Steele L.E. (the 'L.') applied for an order to terminate the tenancy A. evict K. S. A. Kyle Steele (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 27, 2023. Only the L.’s Agent Natalya Kogan attended the hearing. As of 10:03 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. Since the Tenants did not attend A. the L. was prepared to proceed, the matter proceeded by way of an uncontested hearing pursuant to section 7 of the Statutory Powers Procedure Act, R.S.O. 1990. Determinations: 1. At the hearing the L.’s Agent relied on oral submissions A. referred to documents to support their application. 2. 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. 3. The Tenants were in possession of the rental unit on the date the application was filed. 4. The Tenants vacated the rental unit on March 12, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. Order Page: 1 of 3  5. The lawful rent was $1,620.00. It was due on the 1st day of each month. 6. The Tenants have not made any payments since the application was filed. 7. The rent arrears owing to March 12, 2023 are $19,299.12. 2023 ONLTB 29366 (CanLII) File Number: LTB-L-048357-22 8. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 9. The L. collected a rent deposit of $1,650.00 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. 10. Interest on the rent deposit, in the amount of $78.36 is owing to the Tenants for the period from August 28, 2019 to March 12, 2023. It is ordered that: 1. The tenancy between the L. A. the Tenants is terminated as of March 12, 2023, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the L. $17,756.76. 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 L. 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 L. the full amount owing on or before April 17, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 18, 2023 at 6.00% annually on the balance outstanding. April 6, 2023 ____________________________ Date Issued John Cashmore Member, L. 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. File Number: LTB-L-048357-22 Order Page: 2 of 3  Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated 2023 ONLTB 29366 (CanLII) Rent Owing To Move Out Date $19,299.12 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. 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 - $1,650.00 Less the amount of the interest on the last month's rent deposit - $78.36 Less the amount the L. owes 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. $17,756.76 Order Page: 3 of 3