LTB Order LTB-L-064981-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 38180 (CanLII) Citation: D.T.T. v K.M., 2023 ONLTB 38180 Date: 2023-05-18 File Number: LTB-L-064981-22 In the matter of: 4, 35 HERON PARK PL SCARBOROUGH ON M1E0B8 Between: D.T.T. Landlord And K.M. Tenant D.T.T. (the 'Landlord') applied for an order to terminate the tenancy and evict K.M. (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 attended the hearing. As of 9:31 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 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. 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 November 11, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $2,226.40. 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 November 11, 2022 are $5,258.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 3  8. The Landlord collected a rent deposit of $2,226.40 from the Tenant but the deposit was applied to the month of September 2023 when the Tenant indicated she was vacating the unit. File Number: LTB-L-064981-22 2023 ONLTB 38180 (CanLII) 9. Interest on the rent deposit, in the amount of $23.06 is owing to the Tenant for the period from January 1, 2022 to November 11, 2022. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of November 11, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $5,420.94. 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 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 May 29, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 30, 2023 at 6.00% annually on the balance outstanding. May 18, 2023 ____________________________ Date Issued Margo den Haan 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  2023 ONLTB 38180 (CanLII) File Number: LTB-L-064981-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $5,258.00 Application Filing Fee $186.00 Less the amount of the interest on the last month's rent deposit - $23.06 Total amount owing to the Landlord $5,420.94 Order Page: 3 of 3