LTB Order LTB-L-057518-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 38191 (CanLII) Citation: Siddharth Vijaykumar Joshi v Kassandra Lynn Killoran, 2023 ONLTB 38191 Date: 2023-05-18 File Number: LTB-L-057518-22 In the matter of: A5, 110 ACTIVA AVE KITCHENER ON N2E4K4 Between: K.A.G. Landlords Siddharth Vijaykumar Joshi And J.J.K. Tenants Kassandra Lynn Killoran Kristy Lynn Mary Killoran K.A.G. and Siddharth Vijaykumar Joshi (the 'Landlords') applied for an order to terminate the tenancy and evict J.J.K. Kassandra Lynn Killoran and Kristy Lynn Mary Killoran (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on April 24, 2023. Only the Landlord, Siddharth Vijaykumar Joshi attended the hearing. As of 10:32 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 Landlords' evidence. Determinations: 1. The Landlords served the Tenants with a 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 March 21, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,725.00. It was due on the 1st day of each month. Order Page: 1 of 3  5. The Tenants has paid $3,450.00 to the Landlords since the application was filed. 6. The rent arrears owing to March 21, 2023 are $18,217.53. 2023 ONLTB 38191 (CanLII) File Number: LTB-L-057518-22 7. The Landlords incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlords collected a rent deposit of $2,650.00 from the Tenants and this deposit is still being held by the Landlords. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $76.96 is owing to the Tenants for the period from January 22, 2022 to March 21, 2023. It is ordered that: 1. The tenancy between the Landlords and the Tenants is terminated as of March 21, 2023, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlords $15,676.57. 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 Landlords 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 Landlords the full amount owing on or before May 29, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 30, 2023 at 6.00% annually on the balance outstanding. May 18, 2023 ____________________ Date Issued Camille Clyne 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. Order Page: 2 of 3  2023 ONLTB 38191 (CanLII) File Number: LTB-L-057518-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $21,667.53 Application Filing Fee $186.00 Less the amount the Tenants paid to the Landlords since the - $3,450.00 application was filed Less the amount of the last month's rent deposit - $2,650.00 Less the amount of the interest on the last month's rent deposit - $76.96 Total amount owing to the Landlords $15,676.57 Order Page: 3 of 3