LTB Order LTB-L-052768-22

Order under Section 69 2023 ONLTB 33385 (CanLII) Residential Tenancies Act, 2006 Citation: Kingsway Development Inc. v S.W., 2023 ONLTB 33385 Date: 2023-04-27 File Number: LTB-L-052768-22 In the matter of: 6894 Garner Road Niagara Falls, ON L2H 0X6 Between: Kingsway Developments Inc. Landlord And S.W. Tenants William W. Kingsway Development Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict S.W. and William W. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on April 11, 2023. Only the Landlord’s agent Tayseer Michael Forage and the Landlord’s Legal Representative Michelle Mont attended the hearing. As of 10:03 am, 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 Landlord's evidence. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment 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 December 31, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,125.00. It was due on the 1st day of each month. Order Page: 1 of 3  5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to December 31, 2022 are $15,675.80. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 33385 (CanLII) File Number: LTB-L-052768-22 8. The Landlord collected a rent deposit of $2,100.00 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 $44.19 is owing to the Tenants for the period from April 1, 2021 to December 31, 2022. It is ordered that: 10. The tenancy between the Landlord and the Tenants is terminated as of December 31, 2022, the date the Tenants moved out of the rental unit 11. The Tenants shall pay to the Landlord $13,717.61. 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. 12. If the Tenants do not pay the Landlord the full amount owing on or before May 8, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 9, 2023 at 6.00% annually on the balance outstanding. April 27, 2023 ____________________________ Date Issued Jagger Benham 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-052768-22 Schedule 1 Order Page: 2 of 3  SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $15,675.80 2023 ONLTB 33385 (CanLII) Application Filing Fee $186.00 Less the amount of the last month's rent deposit - $2,100.00 Less the amount of the interest on the last month's rent deposit - $44.19 Total amount owing to the Landlord $13,717.61 Order Page: 3 of 3