LTB Order LTB-L-073247-22

Order under Section 69 2023 ONLTB 39733 (CanLII) Residential Tenancies Act, 2006 Citation: R.A.G. v S. V., 2023 ONLTB 39733 Date: 2023-05-25 File Number: LTB-L-073247-22 In the matter of: Top Floor, 213 Mary St Orillia ON L3V3E5 Between: R.A.G. Landlord A. R. D. A. S. V. Tenants R.A.G. (the 'Landlord') applied for an order to terminate the tenancy A. evict R. D. A. S. V. (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 attended the hearing. As of 2:27 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 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 May 7, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. The Landlord said that she believed the Tenants vacated on this date because a neighbour told her that the Tenants had a moving truck at the rental unit A. were moving out on this date, A. the neighbour had not seen the Tenants since. The Landlord said the Tenants did not communicate with her about vacating, A. that they had changed their phone number. While this is not conclusive A. Order Page: 1 of 3  was based only on hearsay, the Landlord made a post-hearing submission on May 11, 2023 wherein she stated that she had entered the rental unit A. confirmed the Tenants had vacated the rental unit. I accept the Landlord’s uncontested evidence A. post-hearing submission, A. find that the Tenants vacated the rental unit on May 7, 2023. 4. The lawful rent was $1,360.00. It was due on the 1st day of each month. 2023 ONLTB 39733 (CanLII) File Number: LTB-L-073247-22 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to May 7, 2023 are $10,259.92. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,360.00 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. 9. Interest on the rent deposit, in the amount of $15.00 is owing to the Tenants for the period from December 1, 2022 to May 7, 2023. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of May 7, 2023, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $9,070.92. 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 Tenants. See Schedule 1 for the calculation of the amount owing. 3. If the Tenants does not pay the Landlord the full amount owing on or before June 5, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 6, 2023 at 6.00% annually on the balance outstanding. May 25, 2023 ____________________________ Date Issued Mark Melchers 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. Order Page: 2 of 3  File Number: LTB-L-073247-22 2023 ONLTB 39733 (CanLII) Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $10,259.92 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the application - $0.00 was filed Less the amount of the last month's rent deposit - $1,360.00 Less the amount of the interest on the last month's rent deposit - $15.00 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 $9,070.92 Order Page: 3 of 3