LTB Order LTB-L-055451-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: Morisset Residences Corp. v F. T., 2023 ONLTB 34384 Date: 2023-05-01 2023 ONLTB 34384 (CanLII) File Number: LTB-L-055451-22 In the matter of: 506, 1435 MORISSET AVE OTTAWA ON K1Z8H4 Between: Morisset Residences Corp. Landlord A. E.B.A.F.T. Tenants Morisset Residences Corp. (the 'Landlord') applied for an order to terminate the tenancy A. evict E.B.A.F.T. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on April 24, 2023 at 1:00 p.m. The Landlord, represented by Jamuna Ganesan, a licensed Paralegal, A. Tenant E. B., represented by Jennifer Etty, Power of Attorney, attended the hearing. Tenant F. T. 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 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. Jennifer Etty, Tenant E. B.’s Power of Attorney submitted a Certificate of Cremation A. Contents stating that Tenant F. T. had died on June 13, 2022. 4. At the hearing the parties agreed to terminate the tenancy A. return vacant possession to the Landlord effective April 24, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. 5. The lawful rent is $1,038.71. It was due on the first day of each month. 6. The Tenants have not made any payments since the application was filed. 7. The rent arrears owing to April 24, 2023 are $10,375.80. Order Page: 1 of 2  File Number: LTB-L-055451-22 8. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $925.00 from the Tenants A. this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the 2023 ONLTB 34384 (CanLII) tenancy terminated. 10. Interest on the rent deposit, in the amount of $112.08 is owing to the Tenants for the period from September 1, 2015 to April 24, 2023. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of April 24, 2023, the date the Tenants returned vacant possession of the rental unit to the Landlord. 2. The Tenants shall pay to the Landlord $9,305.61. 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 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 does not pay the Landlord the full amount owing on or before May 12, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 13, 2023 at 6.00% annually on the balance outstanding. May 1, 2023 Date Issued Peter Pavlovic Member, Landlord 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. Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $10,156.69 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord 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 - $925.00 Less the amount of the interest on the last month's rent deposit - $112.08 Less the amount the Landlord owes the Tenants for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $9,305.61 Order Page: 2 of 2