LTB Order LTB-L-051326-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: A. v Grant, 2023 ONLTB 44268 Date: 2023-06-21 2023 ONLTB 44268 (CanLII) File Number: LTB-L-051326-22 In the matter of: 162 JOYCE AVE WELLAND ON L3B1S8 Between: A.A. L. A. J. B. Tenants Vanessa Grant A.A. (the 'L.') applied for an order to terminate the tenancy A. evict J. B. A. Vanessa Grant (the 'Tenants') because the Tenants did not pay the rent that the Tenant owes. This application was heard by videoconference on March 28, 2023. Only the L.’s Legal Representative, Joseph Kazubek, attended the hearing. As of 1:54 p.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. As a result, the hearing proceeded with only the L.'s evidence. Determinations: 1. The L. 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 were in possession of the rental unit on the date the application was filed. 3. The Tenants vacated the rental unit on November 26, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $2,400.00. It was due on the 1st day of each month. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to November 26, 2022 are $9,651.40. 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 $2,400.00 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. Order Page: 1 of 3  File Number: LTB-L-051326-22 9. Interest on the rent deposit, in the amount of $16.57 is owing to the Tenants for the period from May 1, 2022 to November 26, 2022. It is ordered that: 2023 ONLTB 44268 (CanLII) 1. The tenancy between the L. A. the Tenants is terminated as of November 26, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the L. $9,820.83. 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 July 2, 2023, the Tenant will start to owe interest. This will be simple interest calculated from July 3, 2023 at 6.00% annually on the balance outstanding. June 21, 2023 Date Issued Susan Priest 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. Order Page: 2 of 3  File Number: LTB-L-051326-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 44268 (CanLII) A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $12,051.40 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 - $2,400.00 Less the amount of the interest on the last month's rent deposit - $16.57 Total amount owing to the L. $9,820.83 Order Page: 3 of 3