LTB Order LTB-L-059466-22

Order under Subsection 87(1) 2023 ONLTB 39096 (CanLII) Residential Tenancies Act, 2006 Citation: I.G.L. v Patrick Chard, 2023 ONLTB 39096 Date: 2023-05-24 File Number: LTB-L-059466-22 In the matter of: 103, 700 DUNLOP ST W WHITBY ON L1N 1V5 Between: I.G.L. Landlord And N.C. Tenants Patrick Chard I.G.L. (the 'Landlord') applied for an order requiring N.C. and Patrick Chard (the 'Tenants') to pay the rent that the Tenants owe. This application was heard by videoconference on April 25, 2023. Only the Landlord I.G.L. attended the hearing. As of 10:57 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 Landlord's evidence. Determinations: 1. The Tenants vacated the rental unit on April 15, 2023. The Tenants were in possession of the rental unit on the date the application was filed. 2. The Landlord amended their application to an L9 application solely for arrears of rent and the filing fee. The Landlord was seeking the arrears outstanding to April 15, 2023. 3. The Tenants did not pay the total rent they were required to pay for the period from July 15, 2022 to April 15, 2023. 4. The lawful rent is $1,820.46. It is due on the 15th day of each month. 5. The Tenants have not made any payments since the application was filed.  6. The tenancy ended on April 15, 2023 as a result of the Tenants moving out in accordance with a notice of termination, LTB order or agreement to terminate the tenancy. Therefore, the Tenant's obligation to pay rent also ended on that date. 7. The rent arrears and daily compensation owing to April 15, 2023 are $16,117.74. 2023 ONLTB 39096 (CanLII) Order Page: 1 of 2 File Number: LTB-L-059466-22 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $1,820.46 from the Tenants and this deposit is still being held by the Landlord. Interest on the rent deposit, in the amount of $12.14 is owing to the Tenants for the period from January 14, 2023. It is ordered that: 1. The Tenants shall pay to the Landlord $14,471.14. This amount includes rent arrears owing up to and the cost of the application, less the rent deposit and interest. 2. If the Tenants do not pay the Landlord the full amount owing on or before June 4, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 5, 2023 at 6.00% annually on the balance outstanding. May 24, 2023 ____________________________ Date Issued Greg Witt Member, Landlord and Tenant Board 15 Grosvenor Street, 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 2 2023 ONLTB 39096 (CanLII)