LTB Order LTB-L-069915-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 39099 (CanLII) Citation: A.K. v A.B., 2023 ONLTB 39099 Date: 2023-05-24 File Number: LTB-L-069915-22 In the matter of: 15 RED HAWK RD SCARBOROUGH ON M1B6B2 Between: A.K. Landlords Sanjida K. And A.B. Tenants Evelin Madarasz A.K. and Sanjida K. (the 'Landlords') applied for an order to terminate the tenancy and evict A.B. and Evelin Madarasz (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 Legal Representative, Victoria Zarif, attended the hearing. As of 9:42 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 Landlords' evidence. Determinations: 1. The Landlords served the Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). The Tenants 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 February 1, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,675.00. 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 February 1, 2023 are $10,787.95. 7. The Landlords incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 39099 (CanLII) File Number: LTB-L-069915-22 8. The Landlords collected a rent deposit of $2,675.00 from the Tenants and this deposit is still being held by the Landlords. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $34.81 is owing to the Tenants for the period from July 27, 2022 to February 1, 2023. It is ordered that: 1. The tenancy between the Landlords and the Tenants is terminated as of February 1, 2023, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlords $8,264.14. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application. The rent deposit and interest the Landlords owes on the rent deposit is deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 3. If the Tenants do not pay the Landlords the full amount owing on or before June 4, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 5, 2023 at 6.00% annually on the balance outstanding. May 24, 2023 ____________________________ Date Issued Khalid Akram Member, Landlords and Tenants 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. Order Page: 2 of 3  2023 ONLTB 39099 (CanLII) File Number: LTB-L-069915-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $10,787.95 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlords since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,675.00 Less the amount of the interest on the last month's rent deposit - $34.81 Less the amount the Landlords owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlords $8,264.14 Order Page: 3 of 3