LTB Order LTB-L-061122-22

Order under Section 87(1) Residential Tenancies Act, 2006 Citation: A.S. v E.A.R., 2023 ONLTB 35020 Date: 2023-05-08 2023 ONLTB 35020 (CanLII) File Number: LTB-L-061122-22 In the matter of: #4, 56 CAMERON AVE YORK ON M6M1R2 Between: A.S. Landlords Nitya Kumaraswamy And E.A.R. Tenant A.S. and Nitya Kumaraswamy (the 'Landlords') applied for an order to terminate the tenancy and evict E.A.R. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 26, 2023. Only the Landlords A.S. and Nitya Kumaraswamy attended the hearing. As of 10:26 a.m., 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. Since the Tenant did not attend and the Landlords were prepared to proceed, the matter proceeded by way of an uncontested hearing pursuant to section 7 of the Statutory Powers Procedure Act, R.S.O. 1990. Determinations: 1. At the hearing the Landlords relied on oral submissions and referred to documents to support their application. 2. The Landlords served the Tenant with a valid Notice to End Tenancy Early for Non- payment 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. 3. The Tenant was in possession of the rental unit on the date the application was filed. 4. The Tenant vacated the rental unit on October 31, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 5. The lawful rent was $850.00. It was due on the 1st day of each month. 6. The Tenant has not made any payments since the application was filed. 7. The rent arrears owing to October 31, 2022 are $1,100.00. Order Page: 1 of 3  File Number: LTB-L-061122-22 8. The Landlords incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. 2023 ONLTB 35020 (CanLII) It is ordered that: 1. The tenancy between the Landlords and the Tenant is terminated as of October 31, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlords $1,286.00. 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 Landlords the full amount owing on or before May 19, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 20, 2023 at 6.00% annually on the balance outstanding. May 8, 2023 Date Issued John Cashmore 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  File Number: LTB-L-061122-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 35020 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $1,100.00 Application Filing Fee $186.00 Total amount owing to the Landlords $1,286.00 Order Page: 3 of 3