LTB Order LTB-L-055485-22

Order under Section 69 2023 ONLTB 33264 (CanLII) Residential Tenancies Act, 2006 Citation: J. D. v M. L., 2023 ONLTB 33264 Date: 2023-04-26 File Number: LTB-L-055485-22 In the matter of: 1030, 165 LEGION RD N ETOBICOKE ON M8Y0B3 Between: J.D.A.M.D. L. A. F. N. A. M. L. Tenants J.D.A.M.D. (the 'L.') applied for an order to terminate the tenancy A. evict F. N. A. M. L. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on April 12, 2023. Only the L. attended the hearing. As of 10:30 a.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.' evidence. Determinations: 1. The L. 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 March 2, 2023. The Landlord, J. D., stated that the Tenant, M. L., advised that the Tenants were vacating the rental unit A. returned the keys on this date. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent was $2,700.00. It was due on the 1st day of each month. 5. Based on the Monthly rent, the daily rent/compensation is $88.77. This amount is calculated as follows: $2,700.00 x 12, divided by 365 days. Order Page: 1 of 4  6. The Tenants have paid $7,400.00 to the L. since the application was filed. 7. The rent arrears owing to March 2, 2023 are $10,327.54. File Number: LTB-L-055485-22 2023 ONLTB 33264 (CanLII) 8. The L. incurred costs of $186.00 for filing the application A. are entitled to reimbursement of those costs. 9. The L. collected a rent deposit of $2,700.00 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. Interest is owing on the rent deposit of $51.27 for the period from December 1, 2021 to April 12, 2023. It is ordered that: 1. The tenancy between the L. A. the Tenants is terminated as of March 2, 2023, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the L. $7,762.27. 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 May 7, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 8, 2023 at 6.00% annually on the balance outstanding. April 26, 2023 ____________________________ Date Issued Mark Melchers 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. Order Page: 2 of 4  2023 ONLTB 33264 (CanLII) File Number: LTB-L-055485-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $17,727.54 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the L. since the application was - $7,400.00 filed Less the amount the Tenants paid into the LTB since the application was - $0.00 filed Less the amount of the last month's rent deposit - $2,700.00 Less the amount of the interest on the last month's rent deposit - $51.27 Less the amount the L. owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the L. $7,762.27 Order Page: 3 of 4 Order Page: 4 of 4 2023 ONLTB 33264 (CanLII)