LTB Order LTB-L-064231-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: H. v A., 2023 ONLTB 40497 2023 ONLTB 40497 (CanLII) Date: 2023-05-29 File Number: LTB-L-064231-22 In the matter of: 716, 120 Dallimore Cir North York ON M3C4J1 Between: J.H.A.Z.H. L. A. T. L. A. Tenant J.H.A.Z.H. (the 'L.') applied for an order to terminate the tenancy A. evict T. L. A. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 9, 2023. Only the Landlord’s representative, Masoud Tchavoshi A. the Landlord’s agent, Rachelle Berube attended the hearing. As of 10:43 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. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. The L. 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. 2. The Tenant was in possession of the rental unit on the date the application was filed. 3. The Tenant vacated the rental unit on February 15, 2023. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $1,950.00. It was due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to February 15, 2023 are $10,711.65. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. Order Page: 1 of 3  File Number: LTB-L-064231-22 8. The L. collected a rent deposit of $1,950.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $45.81 is owing to the Tenant for the period 2023 ONLTB 40497 (CanLII) from March 10, 2022 to February 15, 2023. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated as of February 15, 2023, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the L. $8,901.84. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit A. the cost of filing the application. The rent deposit A. 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 L. the full amount owing on or before June 9, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 10, 2023 at 6.00% annually on the balance outstanding. May 29, 2023 Date Issued Natalie James Member, Landlord A. 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-064231-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 40497 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $10,711.65 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,950.00 Less the amount of the interest on the last month's rent deposit - $45.81 Less the amount the Landlord owes the Tenant for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $8,901.84 Order Page: 3 of 3