LTB Order LTB-L-068207-22

Order under Section 69 2023 ONLTB 41616 (CanLII) R. Tenancies Act, 2006 Citation: S.C.R.G.F.I. v J. P., 2023 ONLTB 41616 Date: 2023-06-07 File Number: LTB-L-068207-22 In the matter of: 504, 3532 DOWNPATRICK RD GLOUCESTER ON K1V8T5 Between: S.C.R.G.F.I. Landlord A. E.P.A.J.P. Tenant S.C.R.G.F.I. (the 'Landlord') applied for an order to terminate the tenancy A. evict E.P.A.J.P. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 23, 2023. Only the Landlord’s legal representative, Sofia Enrigues, attended the hearing. As of 3:21 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. 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 January 26, 2023. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $991.99. It was due on the 1st day of each month. 5. The Tenant has paid $3.19 since the application was filed.  6. The rent arrears owing to January 26, 2023 are $3,820.64. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 2023 ONLTB 41616 (CanLII) Order Page: 1 of 2 File Number: LTB-L-068207-22 8. The Landlord collected a rent deposit of $859.00 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 $3.35 is owing to the Tenant for the period from December 1, 2022 to January 26, 2023. It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated as of January 26, 2023, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $3,144.29. 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 Landlord the full amount owing on or before June 18, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 19, 2023 at 6.00% annually on the balance outstanding. June 7, 2023 ____________________________ Date Issued Sean Henry Vice Chair, 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 2 2023 ONLTB 41616 (CanLII)