LTB Order LTB-L-061378-22

Order under Section 69 2023 ONLTB 27083 (CanLII) Residential Tenancies Act, 2006 Citation: TT7 Inc v C., 2023 ONLTB 27083 Date: 2023-03-23 File Number: LTB-L-061378-22 In the matter of: 316, 70 King Street East Oshawa Ontario L1H0A2 Between: TT7 Inc Landlord And A.C. Tenant TT7 Inc (the 'Landlord') applied for an order to terminate the tenancy and evict A.C. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 14, 2023. Only the Landlord’s Agent Peter Bowers attended the hearing. As of 3:20 p.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 Landlord was 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 Landlord’s Agent relied on oral submissions and referred to documents to support their application. 2. The Landlord 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 August 31, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. Order Page: 1 of 3  5. The lawful rent was $1,291.29. 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 August 31, 2022 are $2,582.58. 8. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 27083 (CanLII) File Number: LTB-L-061378-22 9. The Landlord collected a rent deposit of $1,205.00 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 terminated. 10. Interest on the rent deposit, in the amount of $38.51 is owing to the Tenant for the period from November 2, 2019 to August 31, 2022. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of August 31, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $1,540.07. 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. The rent deposit and interest the Landlord owes on the rent deposit is deducted from the amount owing by the Tenant. 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 April 3, 2023, the Tenant 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 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. File Number: LTB-L-061378-22 Order Page: 2 of 3  Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated 2023 ONLTB 27083 (CanLII) Rent Owing To Move Out Date $2,582.58 Application Filing Fee $201.00 Less the amount of the last month's rent deposit - $1,205.00 Less the amount of the interest on the last month's rent deposit - $38.51 Total amount owing to the Landlord $1,540.07 Order Page: 3 of 3