LTB Order LTB-L-075656-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: J.T. v Z. S., 2023 ONLTB 34799 Date: 2023-05-17 2023 ONLTB 34799 (CanLII) File Number: LTB-L-075656-22 In the matter of: 816, 2111 Lakeshore Blvd West Toronto ON M8V4B2 Between: J.T. Landlord A. J.B.A.Z.S. Tenants J.T. (the 'Landlord') applied for an order to terminate the tenancy A. evict J. B. A. Z. S. (the 'Tenants') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 26, 2023. Only the Landlord attended the hearing. As of 9:42 AM, the Tenants were not present or represented at the hearing although properly served with notice of this hearing by the Landlord Tenant Board (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. Before proceeding with the application, the hearing member advised the Landlord regarding section 207(1) of the Residential Tenancies Act, 2006, which limits the LTB’s jurisdiction to that of Small Claims Court, or $35,000.00. The Landlord was offered an opportunity to obtain legal advice before proceeding A. chose not to. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Non- payment 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 September 28, 2021. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,350.00. 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 September 28, 2021, are $38,763.28. Order Page: 1 of 3  File Number: LTB-L-075656-22 7. The Landlord incurred costs of $201.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Tenants paid a rent deposit of $2,350.00 on October 13, 2016. The Landlord has not paid the Tenants interest. 2023 ONLTB 34799 (CanLII) It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated as of September 28, 2021, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $36,579.03. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit A. the cost of filing the application. 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 May 28, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 29, 2023, at 6.00% annually on the balance outstanding. May 17, 2023 Date Issued Stephanie Kepman 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-075656-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 34799 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $38,763.28 Application Filing Fee $201.00 Less the amount of the last month's rent deposit - $2,350.00 Less the amount of the interest on the last month's rent deposit - $35.25 Total amount owing to the Landlord $36,579.03 Order Page: 3 of 3