LTB Order LTB-L-069761-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 38198 (CanLII) Citation: W.V.V.C.A.T. Associates v Barbour and Mulkins, 2023 ONLTB 38198 Date: 2023-05-23 File Number: LTB-L-069761-22 In the matter of: B, 1 SPRING GROVE LANE NEPEAN ON K2J2C5 Between: W.V.V.C.A.T. Landlord Associates And Daryl Barbour and Tenant Samantha Mulkins W.V.V.C.A.T. Associates (the 'Landlord') applied for an order to terminate the tenancy and evict Daryl Barbour and Samantha Mulkins (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 8, 2023. Only the Landlord’s legal representative, Anne Skelly, attended the hearing. 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 December 31, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $. It was due on the 1st day of each month. 5. The Tenant has paid $2,017.58 to the Landlord since the application was filed. 6. The rent arrears owing to December 31, 2022 are $3,882.42. Order Page: 1 of 3  7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. File Number: LTB-L-069761-22 2023 ONLTB 38198 (CanLII) 8. The Landlord collected a rent deposit of $2,200.00 from the Tenant and 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 $19.96 is owing to the Tenant for the period from March 31, 2022 to December 31, 2022. 10. I have considered all of the evidence presented at the hearing and all of the oral testimony and although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 11. This order contains all reasons for the determinations and order made. No further reasons will be issued. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of December 31, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $1,848.46. 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 rent deposit and 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 3, 2023, the Tenant 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 Greg Brocanier 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 *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. 2023 ONLTB 38198 (CanLII) File Number: LTB-L-069761-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $5,900.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $2,017.58 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 - $2,200.00 Less the amount of the interest on the last month's rent deposit - $19.96 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 $1,848.46 Order Page: 3 of 3