LTB Order LTB-L-075084-22

Order under Section 69 2023 ONLTB 40665 (CanLII) Residential Tenancies Act, 2006 Citation: I. M. v A. G., 2023 ONLTB 40665 Date: 2023-06-06 File Number: LTB-L-075084-22 In the matter of: 708 QUEEN ST S KITCHENER ON N2M1A3 Between: I.M.A.N.M. L. A. A. G. Tenant I.M.A.N.M. (the 'L.') applied for an order to terminate the tenancy A. evict A. G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 23, 2023. Only the L., N. M. A. the L.’s legal representative Eric Schroeder attended the hearing. As of 1:44 PM, the Tenant was 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 L.'s evidence. The L.’s legal representative made a request to have the application amended to remove Wilfred St. Cyr as a party as he is deceased. The application is amended as requested. Determinations: 1. The L. 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 L.’s legal representative advised the Board of an Exparte Order under L016341- 23. The Board issued under file number L-016341-23 an Order dated April 24, 2023 Order Page: 1 of 3  terminating the tenancy as of April 1st, 2023. The Tenant was ordered to vacate the rental unit on or before May 5, 2023. 3. Since the tenancy is terminated the issue of eviction in this application is moot A. will proceed on arrears only. 4. As of the hearing date, the Tenant was still in possession of the rental unit. 2023 ONLTB 40665 (CanLII) 5. The lawful rent is $1,814.50. It is due on the 1st day of each month. File Number: LTB-L-075084-22 6. Based on the Monthly rent, the daily rent/compensation is $59.65. This amount is calculated as follows: $1,814.50 x 12, divided by 365 days. 7. The Tenant has paid $1,400.00 to the L. since the application was filed. 8. The rent arrears owing to May 23, 2023 are $9,320.95 9. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 10. The L. collected a rent deposit of $1,700.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 11. Interest on the rent deposit, in the amount of $139.26 is owing to the Tenant for the period from December 1, 2017 to May 23, 2023. It is ordered that: 1. The Tenant shall pay the L. $7,667.69 between the L. A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant shall also pay the L. compensation of $59.65 per day for the use of the unit starting May 24, 2023 until the date the Tenant moves out of the unit. 3. If the Tenant does not pay the L. the full amount owing on or before June 10, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 11, 2023 at 6.00% annually on the balance outstanding. 4. The L. or the Tenant shall pay to the other any sum of money that is owed as a result of this order. May 30, 2023 ____________________________ Date Issued N. Huneault Order Page: 2 of 3  Member, L. A. Tenant Board 15 Grosvenor Street, 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. 2023 ONLTB 40665 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on December 11, 2023 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. *Note: When the Board 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 File Number: LTB-L-075084-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay Rent Owing To Hearing Date $10,720.95 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $1,400.00 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 - $1,700.00 Less the amount of the interest on the last month's rent deposit - $139.26 Total amount owing to the L. $7,667.69 Plus daily compensation owing for each day of occupation starting $59.65 May 24, 2023 (per day) Order Page: 3 of 3