LTB Order LTB-T-008377-23

O. under Subsection 135 Residential Tenancies Act, 2006 2023 ONLTB 65183 (CanLII) Citation: T. v Y., 2023 ONLTB 65183 Date: 2023-09-28 File Number: LTB-T-008377-23 In the matter of: 211, 39 PEMBERTON AVE NORTH YORK ON M2M4L6 Tenant Between: X. T. A. L. P. Y. X. T. (the 'Tenant') A. F. an O. D. T. P. Y. (the 'L.') C. or retained money illegally. This application was heard by videoconference on September 20, 2023. Only the Tenant attended the hearing. The Tenant declined to speak to Tenant Duty Counsel prior to the hearing. As of 1:35 pm, the L. 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 Tenant's evidence. Determinations: 1. As explained below, the Tenant proved the allegations contained in the application on a balance of probabilities. Therefore, the L. must pay the Tenant the sum of $1150.00. Compensation F. N12 Notice Owing 2. The L. gave the Tenant a notice of termination under section 48/49 of the Residential Tenancies Act, 2006 (the 'Act') A. did not pay the Tenant the compensation required by the Act. 3. The tenancy commenced September 1, 2021. 4. The monthly rent was $1150.00.  O. Page 1 of 4 2023 ONLTB 65183 (CanLII)  File Number: LTB-T-008377-23 Tenant’s Uncontested Evidence 5. The Tenant testified at the commencement of the tenancy being September 1, 2021, she paid the L. a first A. last month rent deposit. 2023 ONLTB 65183 (CanLII) 6. The Tenant testified T. rent was due on the 1st day of the month. 7. She testified the L. sent her a message advising her T. she needed to move out of the rental unit sometime in August 2022. The Tenant advised the L. T. she did not want to move out A. T. she wanted to stay. She also advised the L. T. if L. wanted her to move out T. he was required to serve her an N12 notice of termination. 8. The Tenant testified T. on August 26, 2022, the L. placed a letter on the main door of her rental unit. The letter advised the Tenant T. she needed to move out at the end of the existing contract being August 31, 2022, as the L. was selling the residential complex. The letter further stated the Tenant could stay until September 30, 2022, to give her more time. 9. The Tenant testified T. on August 29, 2022, she emailed written notice to the L. T. stated she would be vacating the rental unit on or before September 30, 2022, pursuant to the letter left on her door on August 26, 2022. The email also notified the L. T. she expected her last month rent deposit A. key deposit to be returned as well as the one month’s compensation the L. was required to pay the Tenant. She stated T. she also texted the L. the content of the email in case the L. did not regularly check his email. 10. She further testified T. she paid the L. her lawful monthly rent F. the rental period of September 1, 2022 to September 30, 2022. 11. She testified T. on September 30, 2022, she vacated the rental unit A. sent a message to the L. T. she had vacated the rental unit A. the keys were left on the kitchen table. 12. She testified T. on October 1, 2022, she received the last month rent deposit in the amount of $1150.00 A. the key deposit in the amount of $300.00 from the L., however, did not receive the required one month’s compensation. 13. The Tenant testified she tried to contact the L. again regarding the one month’s compensation, however, the L. did not respond. 14. The Tenant testified she believes the L. re-rented the rental unit on October 2, 2022. She states she found the rental unit advertisement on a website www.51.ca. She states the advertisement stated the rental unit was available immediately. The Tenant provided a copy of the rental unit advertisement.  File Number: LTB-T-008377-23 Analysis 15. I am persuaded by the Tenants uncontested testimony A. evidence T. the L. posted a letter on the Tenants door on August 26, 2022, T. advised the Tenant T. she 2023 ONLTB 65183 (CanLII) needed to vacate the rental unit at the end of the existing contract being August 31, 2022, as the L. was selling the residential complex, however she could stay until September 30, 2022, to give her more time. 16. I find T. the letter the L. posted on the Tenants door on August 26, 2022, does not give the Tenant the required 60-day notice to vacate the rental unit. The L. A. Tenants were in a 12-month lease agreement F. the period of September 1, 2021 to August 31, 2022. Even if I was to consider the termination date of September 30, 2022, there was still not proper notice given to the Tenant. 17. I also find T. the letter the L. posted on the Tenants door on October 26, 2022, states T. he intends to sell the rental unit A. makes no mention T. the L. has already sold the rental unit. As the L. has not yet sold the rental unit there is no way to determine if a Purchaser will even require the rental unit. This letter does not provide the Tenant with any information as to whether the L. has already secured a Purchaser F. the rental unit T. will require the rental unit. 18. While the Landlords letter does not meet the requirements under the Act F. the required notice period A. does not provide the Tenant with a clear understanding as to whether the L. has already secured a Purchaser T. requires the rental unit, I am persuaded by the Tenants uncontested testimony T. she vacated the rental unit on September 30, 2022, pursuant to the letter posted on her door on August 26, 2022. 19. I accept T. the notice was not provided on an N12 notice of termination form, however, I find T. the L.’s intention of the letter was equivalent to the L. serving the Tenant an N12 notice of termination. 20. I am also persuaded by the Tenant’s uncontested testimony T. the L. has not paid the Tenant the required one month’s compensation. 21. I accept the uncontested testimony of the Tenant T. on October 1, 2022, she received her last month rent deposit in the amount of $1150.00 A. the key deposit in the amount of $300.00 from the L.. 22. I accept the Tenants uncontested testimony T. she paid the L. her lawful monthly rent owing F. the last month of her tenancy being September 1, 2022 to September 30, 2022. 23. Therefore, I find T. the amount of $1150.00, T. was paid to the Tenant on October 1, 2022, was not F. the required one month’s compensation, but rather F. the return of the Tenants last month rent deposit as this amount was not A. to the lawful rent owing on September 2, 2022, as the Tenant paid the rent F. this month to the L.. 24. This O. contains all reasons F. the decision. No other reasons will be issued.  File Number: LTB-T-008377-23 It is ordered T.: 1. The total amount the L. shall pay the Tenant is $1150. 00.. This amount represents: 2023 ONLTB 65183 (CanLII) o $1,150.00 F. the compensation owing. 2. The L. shall also pay to the Tenant $53.00 F. the cost of filing the application. 3. The L. shall pay the Tenant the full amount owing by October 9, 2023. 4. If the L. does not pay the Tenant the full amount owing by October 9, 2023, the L. will owe interest. This will be simple interest calculated from October 10, 2023 at 7.00% annually on the balance outstanding. September 28, 2023 Date Issued Trish Carson Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234.