LTB Order LTB-L-048833-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: P. v Fletcher, 2023 ONLTB 29458 Date: 2023-04-04 2023 ONLTB 29458 (CanLII) File Number: LTB-L-048833-22 In the matter of: A, 713 FREDERICK ST KITCHENER ON N2B2B3 Between: C.W.A.J.P. L. A. D. C. A. Tenant Meghan Fletcher C.W.A.J.P. (the 'L.') applied for an order to terminate the tenancy A. evict D. C. A. Meghan Fletcher (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 27, 2023. Only the L., attended the hearing. Determinations: 1. The L. 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 October 15, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $. It was due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to October 15, 2022 are $18,595.00. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The L. collected a rent deposit of $2,300.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit is applied to the arrears of rent because the tenancy terminated. Order Page: 1 of 4  File Number: LTB-L-048833-22 9. Interest on the rent deposit, in the amount of $57.97 is owing to the Tenant for the period from March 25, 2022 to October 15, 2022. 2023 ONLTB 29458 (CanLII) Returned notice of hearing 10. At the hearing I notified the L. that the notice of hearing package mailed to the rental unit address from the Board was returned. This would indicate the Tenant did may not have mail forwarded to a new address. 11. The Board does not have an email address on file for the Tenant for the Board to email the notice of hearing package to the Tenant. 12. I have considered all of the evidence presented at the hearing A. all of the oral testimony A. although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 13. This order contains all reasons for the determinations A. order made. No further reasons will be issued. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated as of October 15, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the L. $3,757.33. This amount includes rent arrears owing up to the date the Tenant 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 Tenant. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the L. the full amount owing on or before April 15, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 16, 2023 at 6.00% annually on the balance outstanding. April 4, 2023 Date Issued Greg Brocanier 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. *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 4 File Number: LTB-L-048833-22 2023 ONLTB 29458 (CanLII) Order Page: 3 of 4  File Number: LTB-L-048833-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 29458 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $5,929.30 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. 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 - $2,300.00 Less the amount of the interest on the last month's rent deposit - $57.97 Less the amount the L. owes the Tenant for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the L. $3,757.33 Order Page: 4 of 4