LTB Order LTB-L-067049-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 38992 (CanLII) Citation: G.S. v P. H., 2023 ONLTB 38992 Date: 2023-05-26 File Number: LTB-L-067049-22 In the matter of: UPPER, 1062 DOUGALL AVE WINDSOR ON N9A4R5 Between: G.S. Landlord A. B.R.P.H.A.S. Tenants Thompson-Tiamiyu G.S. (the 'Landlord') applied for an order to terminate the tenancy A. evict B. Ruthven, P. H. A. S. Thompson-Tiamiyu (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on May 10, 2023. Only the Landlord’s representative Tim Currie attended the hearing. As of 1:30 p.m., 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 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 Tenants were in possession of the rental unit on the date the application was filed. 3. The Tenants vacated the rental unit on January 19, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,100.00. It was due on the 1st day of each month. 5. The Tenants have not made any payments since the application was filed. Order Page: 1 of 3  6. The rent arrears owing to January 19, 2023 are $16,011.76. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 2023 ONLTB 38992 (CanLII) File Number: LTB-L-067049-22 8. The Landlord collected a rent deposit of $2,100.00 from the Tenant A. this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $32.54 is owing to the Tenants for the period from November 30, 2021 to January 19, 2023. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of January 19, 2023, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $14,065.22. This amount includes rent arrears owing up to the date the Tenants 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 Tenants do not pay the Landlord the full amount owing on or before June 6, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 7, 2023 at 6.00% annually on the balance outstanding. May 26, 2023 ____________________________ Date Issued Alicia Johnson 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. *Note: When the LTB directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice. File Number: LTB-L-067049-22 Order Page: 2 of 3  Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated 2023 ONLTB 38992 (CanLII) Rent Owing To Move Out Date $16,011.76 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 - $2,100.00 Less the amount of the interest on the last month's rent deposit - $32.54 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $14,065.22 Order Page: 3 of 3