LTB Order LTB-L-052765-22

2023 ONLTB 31220 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: IMH Pool IX - BP c/o DMS Property Management Ltd. v J., 2023 ONLTB 31220 Date: 2023-04-12 File Number: LTB-L-052765-22 In the matter of: 208, 3122 HURONTARIO ST MISSISSAUGA ON L5B1N8 Between: IMH Pool IX - BP c/o DMS Property Landlord Management Ltd. And R.M.F.J. Tenant IMH Pool IX - BP c/o DMS Property Management Ltd. (the 'Landlord') applied for an order to terminate the tenancy and evict R.M.F.J. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 29, 2023. Only the Landlord’s representative, Joshua Labbe attended the hearing. As of 3:34p.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 Landlord's evidence. At the hearing the Landlord’s representative requested to amend the application to correct an error made with respect to the lawful monthly rent. On the application it was stated that the rent was $1,698.84 when in actual fact the rent is $1,824.32. Pursuant to subsection 200 (1) of the Residential Tenancies Act, 2006, S.O. 2006, c17, (Act) I consented to the amendment of the application. 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. Order Page: 1 of 3  3. The Tenant vacated the rental unit on October 11, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $1824.32. It was due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. 2023 ONLTB 31220 (CanLII) File Number: LTB-L-052765-22 6. The rent arrears owing to October 11, 2022 are $4,427.92. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of October 11, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $4,613.92. 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. 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 23, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 24, 2023 at 6.00% annually on the balance outstanding. April 12, 2023 ____________________________ Date Issued Natalie James 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. *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. File Number: LTB-L-052765-22 Order Page: 2 of 3  Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $4,427.92 2023 ONLTB 31220 (CanLII) Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord 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 - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 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 $4,613.92 Order Page: 3 of 3