LTB Order LTB-L-059549-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 22648 (CanLII) Citation: Siegenthaler v Metcalfe, 2023 ONLTB 22648 Date: 2023-02-23 File Number: LTB-L-059549-22 In the matter of: 3, 27 Lombard Street Smith Falls Ontario K7A4E9 Between: Monica Siegenthaler and PCL Holdings One Landlords Inc /OA Victoria House And Alan Metcalfe Tenant Monica Siegenthaler and PCL Holdings One Inc /OA Victoria House (the 'Landlords') applied for an order to terminate the tenancy and evict Alan Metcalfe (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 14, 2023. Only the Landlord, Monica Siegenthaler, attended the hearing. As of 11:19 am, the Tenant 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 Landlords served the Tenant with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). The Tenant 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 Tenant was in possession of the rental unit on the date the application was filed. 3. Based on the Landlord’s submissions, the Tenant vacated the rental unit on September 30, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. As of September 1, 2022, the lawful rent went from $1,751.50 to $1,695.00. The rent was due on the 1st day of each month. The Landlord indicated the Tenant was in a provincially subsidized tenancy so that the rents were periodically adjusted up or down. Order Page: 1 of 3  5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to September 30, 2022 are $21,305.21. 7. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 22648 (CanLII) File Number: LTB-L-059549-22 8. There is no last month's rent deposit. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of September 30, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $21,506.21. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the Landlord the full amount owing on or before March 6, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 7, 2023 at 5.00% annually on the balance outstanding. February 23, 2023 _________ Date Issued Alex Brkic 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-059549-22 Schedule 1 SUMMARY OF CALCULATIONS Order Page: 2 of 3 A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $21,305.21 Application Filing Fee $201.00 NSF Charges $0.00 2023 ONLTB 22648 (CanLII) Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Total amount owing to the Landlord $21,506.21 Order Page: 3 of 3