LTB Order LTB-L-063473-22

File Number: LTB-L-063473-22 2023 ONLTB 39254 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: E.T. v D.R., 2023 ONLTB 39254 Date: 2023-05-23 File Number: LTB-L-063473-22 In the matter of: Main Floor-9 Syracuse Crescent Scarborough, ON M1E 2G7 Between: E.T. Landlord And D.R. Tenants Nasir R. E.T. (the 'Landlord') applied for an order to terminate the tenancy and evict D. R. and Nasir R. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on April 26, 2023. Only the Landlord, the Landlord’s agent Donna Hearn and the Landlord’s Legal Representative Syed Javed Hussain attended the hearing. As of 1:46 pm, 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 Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). The Tenants 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 Tenants were in possession of the rental unit on the date the application was filed. 3. The Tenants vacated the rental unit on January 17, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $1,450.00. It was due on the 1st day of each month. Order Page: 1 of 3  File Number: LTB-L-063473-22 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to January 17, 2023 are $8,060.39. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to 2023 ONLTB 39254 (CanLII) reimbursement of those costs. 8. There is no last month's rent deposit. It is ordered that: 9. The tenancy between the Landlord and the Tenants is terminated as of January 17, 2023, the date the Tenants moved out of the rental unit 10. The Tenants shall pay to the Landlord $8,246.39. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 11. If the Tenants do not pay the Landlord the full amount owing on or before June 3, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 4, 2023 at 6.00% annually on the balance outstanding. May 23, 2023 Date Issued Jagger Benham 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-063473-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 39254 (CanLII) A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $8,060.39 Application Filing Fee $186.00 Total amount owing to the Landlord $8,246.39 Order Page: 3 of 3