LTB Order LTB-L-071930-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 38943 (CanLII) Citation: Morguard NAR Canada Limited Partnership v D. M D., 2023 ONLTB 38943 Date: 2023-05-26 File Number: LTB-L-071930-22 In the matter of: 3322, 2869 BATTLEFORD RD MISSISSAUGA ON L5N2S6 Between: Morguard NAR Canada Limited Partnership Landlord A. D.M.D.A.J.C. Tenants Morguard NAR Canada Limited Partnership (the 'Landlord') applied for an order to terminate the tenancy A. evict D.M.D.A.J.C. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. The Landlord also claimed charges related to NSF cheques This application was heard by videoconference on May 11, 2023 at 9:00 a.m. Only the Landlord, represented by Faith McGregor, a licensed Paralegal, attended the hearing. As of 9:55 a.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 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 March 31, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $1,745.70. It was due on the 1st day of each month. 5. The Tenants have paid $3,745.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $6,939.00.  7. The Landlord is entitled to $60.00 to reimburse the Landlord for administration charges A. $0.00 for bank fees the Landlord incurred as a result of 3 cheques given by or on behalf of the Tenants which were returned NSF. Order Page: 1 of 2 2023 ONLTB 38943 (CanLII) File Number: LTB-L-071930-22 8. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $1,725.00 from the Tenants A. this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy terminated. 10. Interest on the rent deposit, in the amount of $18.16 is owing to the Tenants for the period from January 1, 2022 to March 31, 2023. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of March 31, 2023, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $5,441.84. 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 A. unpaid NSF charges. The rent deposit A. interest the Landlord 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 Landlord the full amount owing on or before June 6, 2023, the Tenants 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 Peter Pavlovic 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. Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $10,684.00 Application Filing Fee $186.00 NSF Charges $60.00 Less the amount the Tenants paid to the Landlord since the - $3,745.00 application was filed 2023 ONLTB 38943 (CanLII) 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 - $1,725.00 Less the amount of the interest on the last month's rent deposit - $18.16 Less the amount the Landlord 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 Landlord $5,441.84 Order Page: 2 of 2