LTB Order LTB-L-073801-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 75107 (CanLII) Citation: Ayr District Inc. v Schell, 2023 ONLTB 75107 Date: 2023-11-20 File Number: LTB-L-073801-22 In the matter of: 103, 170 Northumberland Ayr ON N0B1E0 Between: Ayr District Inc. Landlord And Jonathan Schell Tenants Rosemary Schell Ayr District Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict Jonathan Schell and Rosemary Schell (the 'Tenants') because the Tenants did not pay the rent that the Tenant owes. This application was heard by videoconference on November 7, 2023. Only the Landlord’s Legal Representative Bryan Rubin attended the hearing. As of 9:33 a.m., the Tenants were not present or represented at the hearing although properly served with notice of this hearing. I was satisfied the Landlord served the Tenants notice of the hearing by email. There was no record of a request to adjourn the hearing. Since the Tenants did not attend and the Landlord was prepared to proceed, the matter proceeded by way of an uncontested hearing pursuant to section 7 of the Statutory Powers Procedure Act, R.S.O. 1990. 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 Tenants were in possession of the rental unit on the date the application was filed. 3. The Tenants vacated the rental unit on March 10, 2023. Rent arrears are calculated up to the date the Tenant vacated the unit. Order Page 1 of 3  4. The lawful rent was $2,079.50. It was due on the 1st day of each month. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to March 10, 2023 are $11,081.20. 2023 ONLTB 75107 (CanLII) File Number: LTB-L-073801-22 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,079.50 from the Tenants 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 $42.59 is owing to the Tenants for the period from May 16, 2022 to March 10, 2023. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of March 10, 2023, the date the Tenants moved out of the rental unit. 2. The Tenants shall pay to the Landlord $9,145.11. 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 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 December 1, 2023, the Tenants will start to owe interest. This will be simple interest calculated from December 2, 2023 at 7.00% annually on the balance outstanding. November 20, 2023 ____________________________ Date Issued John Cashmore 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  File Number: LTB-L-073801-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 75107 (CanLII) A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $11,081.20 Application Filing Fee $186.00 Less the amount of the last month's rent deposit - $2,079.50 Less the amount of the interest on the last month's rent deposit - $42.59 Total amount owing to the Landlord $9,145.11 Order Page 3 of 3