LTB Order LTB-L-060417-22

Order under Subsection 87(1) 2023 ONLTB 26509 (CanLII) Residential Tenancies Act, 2006 Citation: H. v S., 2023 ONLTB 26509 Date: 2023-03-23 File Number: LTB-L-060417-22 In the matter of: MAIN, 115 COLLEGE ST. NORTH EAST THUNDER BAY ONTARIO P7A 5J6 Between: J.H. Landlord And J.S. Tenants Journee Simpson J.H. (the 'Landlord') applied for an order requiring J.S. and Journee Simpson (the 'Tenants') to pay the rent that the Tenants owe. This application was heard by videoconference on February 27, 2023. Only the Landlord’s representative Michelle Lambert, licensed paralegal attended the hearing. As of 2:14 p.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 September 30, 2022. 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 September 30, 2022. 3. The Tenants did not pay the total rent they were required to pay for the period from June 1, 2022 to September 30, 2022. 4. The lawful rent is $1,900.00. It is due on the 1st day of each month. 5. The Tenants have not made any payments since the application was filed. 6. The tenancy ended on September 30, 2022 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 September 30, 2022 are $7,600.00. Order Page: 1 of 2 2023 ONLTB 26509 (CanLII) File Number: LTB-L-060417-22 8. There is a rent deposit of $1,900.00 being held by the Landlord. Interest owing on the rent deposit is $34.83. 9. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. It is ordered that: 1. The Tenants shall pay to the Landlord $5,665.17. This amount includes rent arrears owing up to and the cost of the application, less the rent deposit and the interest owing. 2. If the Tenants do not pay the Landlord the full amount owing on or before April 3, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 4, 2023 at 5.00% annually on the balance outstanding. March 23, 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 26509 (CanLII)