LTB Order LTB-L-049860-22

2023 ONLTB 29317 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: K. v W., 2023 ONLTB 29317 Date: 2023-04-14 File Number: LTB-L-049860-22 In the matter of: 7 Fraser Street Angus ON L0M1B0 Between: A.K. Landlords Pieter K. And D.W. Tenant A.K. and Pieter K. (the 'Landlords') applied for an order to terminate the tenancy and evict D.W. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 16, 2023. Only the Landlord and the Landlord’s representative, Kelly Draycott attended the hearing. As of 2:06 p.m., the Tenant 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 Landlords’ evidence. Determinations: 1. The Landlords 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 September 2, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $1,450.00. It was due on the 1st day of each month. Order Page: 1 of 3  5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to September 2, 2022 are $8,558.34. 7. The Landlords incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 29317 (CanLII) File Number: LTB-L-049860-22 8. The Landlords collected a rent deposit of $1,400.00 from the Tenant and this deposit is still being held by the Landlords. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $94.92 is owing to the Tenant for the period from November 9, 2017 to September 2, 2022. It is ordered that: 1. The tenancy between the Landlords and the Tenant is terminated as of September 2, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlords $7,249.42. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit and the cost of filing the application. The rent deposit and interest the Landlords 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 Landlords the full amount owing on or before April 25, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 26, 2023 at 6.00% annually on the balance outstanding. April 14, 2023 ____________________________ Date Issued Camille Clyne Member, Landlords and 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-049860-22 2023 ONLTB 29317 (CanLII) Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $8,558.34 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlords since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,400.00 Less the amount of the interest on the last month's rent deposit - $94.92 Total amount owing to the Landlords $7,249.42 Order Page: 3 of 3