LTB Order LTB-L-050306-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 26611 (CanLII) Citation: Capreit Limited Partnership v M., 2023 ONLTB 26611 Date: 2023-03-29 File Number: LTB-L-050306-22 In the matter of: 904, 5 KINGS CROSS RD BRAMPTON ON L6T3X6 Between: Capreit Limited Partnership Landlord And K.M. Tenant Capreit Limited Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict K.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 13, 2023 at 09:00 am. Only the Landlord Representative Jason Paine attended the hearing. As of 09:30 am, 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 Landlord's evidence. Determinations: 1. The Landlord 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 March 6, 2023. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $2,003.87. It was due on the 1st day of each month. 5. The Tenant has paid $2,600.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 6, 2023 are $11,529.15. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 3  8. The Landlord collected a rent deposit of $2,003.87 from the Tenant and this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy terminated. File Number: LTB-L-050306-22 2023 ONLTB 26611 (CanLII) 9. Interest on the rent deposit, in the amount of $2.70 is owing to the Tenant for the period from February 1, 2023 to March 6, 2023. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of March 6, 2023, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $9,710.58. The Tenant owes the Landlord rent arrears owing up to the date the Tenant moved out of the rental unit and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the Landlord the full amount owing on or before April 9, 2023, the Landlord will start to owe interest. This will be simple interest calculated from April 10, 2023 at 5.00% annually on the balance outstanding. March 29, 2023 ____________________________ Date Issued Kelly Delaney Member, Landlord 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. File Number: LTB-L-050306-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $14,129.15 Application Filing Fee $186.00 Order Page: 2 of 3 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,600.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed 2023 ONLTB 26611 (CanLII) Less the amount of the last month's rent deposit - $2,003.87 Less the amount of the interest on the last month's rent deposit - $2.70 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $9,710.58 Order Page: 3 of 3