LTB Order LTB-L-051112-22

Order under Section 69 2023 ONLTB 30103 (CanLII) Residential Tenancies Act, 2006 Citation: Sansar Real Estate Investments Corp v S., 2023 ONLTB 30103 Date: 2023-04-11 File Number: LTB-L-051112-22 In the matter of: 1090 MARCH RD KANATA ON K2K1X7 Between: Sansar Real Estate Investments Corp Landlord And C.S. Tenants Patrick S. Sansar Real Estate Investments Corp (the 'Landlord') applied for an order to terminate the tenancy and evict C.S. and Patrick S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 28, 2023. Only the Landlord attended the hearing. As of 1:44 p.m., the Tenants were not present or represented at the hearing although properly served with notice of this hearing by the Board. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Non-payment 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 are in possession of the rental unit. 3. The Tenants vacated the rental unit on October 18, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,400. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to October 18, 2022 are $10,020.20. 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 $2,400.00 from the Tenants and 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 $43.56 is owing to the Tenants for the period from April 15, 2021 to October 18, 2022. 2023 ONLTB 30103 (CanLII) File Number: LTB-L-051112-22 It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of October 18, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $7,762.64. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application. The rent deposit and 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 May 11, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 12, 2023 at 6.00% annually on the balance outstanding. April 11, 2023 ____________________________ Date Issued Jitewa Edu 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-051112-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $10,020.20 Application Filing Fee $186.00 Order Page: 2 of 3 Less the amount of the last month's rent deposit - $2,400.00 Less the amount of the interest on the last month's rent deposit - $43.56 Total amount owing to the Landlord $7,762.64 2023 ONLTB 30103 (CanLII) Order Page: 3 of 3