LTB Order LTB-L-081978-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: 2491364 Ontario Inc. v A. S. M., 2023 ONLTB 44335 Date: 2023-06-15 2023 ONLTB 44335 (CanLII) File Number: LTB-L-081978-22 In the matter of: 811, 1442 LAWRENCE AVE W TORONTO ON M6L1B5 Between: 2491364 Ontario Inc. Landlord A. A.S.M.A.A. Tenants Ayesha Samiullah Khan 2491364 Ontario Inc. (the 'Landlord') applied for an order to terminate the tenancy A. evict A.S.M.A.A. Ayesha Samiullah Khan (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on May 25, 2023. Only the Landlord’s legal representative, Jason Paine, attended the hearing. As of 1:58 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 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 March 31, 2023. JP stated that the Tenants returned the keys for the rental unit to the Landlord on this date. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $1,650.00. It was due on the 1st day of each month. 5. The Tenants have paid $3,298.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $3,200.10. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. Order Page: 1 of 3  File Number: LTB-L-081978-22 8. The Landlord collected a rent deposit of $1,650.00 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 $41.25 is owing to the Tenants for the period 2023 ONLTB 44335 (CanLII) from April 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 $1,694.85. 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 26, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 27, 2023 at 6.00% annually on the balance outstanding. June 15, 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-081978-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 44335 (CanLII) A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $6,498.10 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $3,298.00 application was filed 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 - $1,650.00 Less the amount of the interest on the last month's rent deposit - $41.25 Less the amount the Landlord owes the Tenants for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $1,694.85 Order Page: 3 of 3