LTB Order LTB-L-059812-22

Order under Subsection 87(1) Residential Tenancies Act, 2006 Citation: B.S. HOLDINGS LTD. v F., 2023 ONLTB 30514 2023 ONLTB 30514 (CanLII) Date: 2023-04-17 File Number: LTB-L-059812-22 In the matter of: 306, B.S. BARRIE ONTARIO L4M1J7 Between: B.S. Landlord HOLDINGS LTD. And A.F. Tenant B.S. HOLDINGS LTD. (the 'Landlord') applied for an order requiring A. F. (the 'Tenant') to pay the rent that the Tenant owes. This application was heard by videoconference on March 28, 2023. The Landlord’s representative, Mark Ciobotaru, attended the hearing. As of 10:27 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 Tenant vacated the rental unit on August 31, 2022. The Tenant was in possession of the rental unit on the date the application was filed on July 15, 2022. 2. The Tenant did not pay the total rent they were required to pay for the period from July 1, 2022 to August 31, 2022. 3. The lawful rent was $1,302.20. It was due on the 1st day of each month. 4. The Tenant paid $400.00 to the Landlord after the application was filed. 5. The tenancy ended on August 31, 2022 as a result of the Tenant moving out of the unit on August 31, 2022 – a date agreeable to the Landlord. Therefore, the Tenant's obligation to pay rent also ended on August 31, 2022. 6. The rent arrears and daily compensation owing to August 31, 2022 are $2,204.40. 7. The Landlord collected a rent deposit of $1,210.00 from the Tenant and this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy is terminated. 8. Interest on the rent deposit, in the amount of $89.60 is owing to the Tenant for the period May 1, 2017 to August 31, 2022. Order Page: 1 of 2  File Number: LTB-L-059812-22 9. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. It is ordered that: 2023 ONLTB 30514 (CanLII) 1. The Tenant shall pay to the Landlord $1,105.80. This amount includes rent arrears owing up to August 31, 2022 and the cost of the application minus the rent deposit and interest owing on the rent deposit. 2. If the Tenant does not pay the Landlord the full amount owing on or before April 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 29, 2023 at 6.00% annually on the balance outstanding. April 17, 2023 Date Issued Frank Ebner Member, Landlord and Tenant Board 15 Grosvenor S., 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