LTB Order LTB-L-016340-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 21701 (CanLII) Citation: T. v O'Neil A. D., 2023 ONLTB 21701 Date: 2023-02-24 File Number: LTB-L-016340-22 In the matter of: 1671 ST LUKE RD WINDSOR ON N8Y3N4 Between: N.L.T.A.T.P.T. L. A. F. L. O'Neil A. D. Tenant A. Joseph D. N.L.T.A.T.P.T. (the 'L.') applied for an order to terminate the tenancy A. evict F. L. O'Neil A. D. A. Joseph D. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 6, 2023. Only the L.’s representative, Kira Passell, attended the hearing. 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 Tenant was in possession of the rental unit on the date the application was filed. 3. The Tenant vacated the rental unit on January 1, 2023. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $. It was due on the 15th day of each month. Order Page: 1 of 3  5. The Tenant has paid $5,300.00 to the L. since the application was filed. 6. The rent arrears owing to January 1, 2023 are $14,476.50. 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 2023 ONLTB 21701 (CanLII) File Number: LTB-L-016340-22 8. The L. collected a rent deposit of $1,650.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. I have considered all of the evidence presented at the hearing A. all of the oral testimony A. although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 10. This order contains all reasons for the determinations A. order made. No further reasons will be issued. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated as of January 1, 2023, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the L. $13,012.50. 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. The rent deposit A. interest the L. owes on the rent deposit is deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the L. the full amount owing on or before March 7, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 8, 2023 at 5.00% annually on the balance outstanding. February 24, 2023 ____________________________ Date I ssued Greg Brocanier Member, L. 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 *Note: When the LTB 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. 2023 ONLTB 21701 (CanLII) File Number: LTB-L-016340-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $19,776.50 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $5,300.00 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 - $1,650.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the L. owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the L. $13,012.50 Order Page: 3 of 3