LTB Order LTB-L-048824-22

2023 ONLTB 29324 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: M. v Pearce, 2023 ONLTB 29324 Date: 2023-04-04 File Number: LTB-L-048824-22 In the matter of: 390 McEwan Street Windsor ON N9B2E5 Between: R.M. Landlord A. A.I.A. Tenant Michael Pearce R.M. (the 'Landlord') applied for an order to terminate the tenancy A. evict A. Ireland-staats A. Michael Pearce (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 27, 2023. Only the Landlord’s legal representative, Thomas Vanner, attended the hearing. Determinations: 1. The Landlord 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 November 22, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 4. The lawful rent is $. It was due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. Order Page: 1 of 3  6. The rent arrears owing to November 22, 2022 are $10,293.50. 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 2023 ONLTB 29324 (CanLII) File Number: LTB-L-048824-22 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 Landlord A. the Tenant is terminated as of November 22, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $10,479.50. 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. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the Landlord the full amount owing on or before April 15, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 16, 2023 at 6.00% annually on the balance outstanding. April 4, 2023 ____________________________ Date Issued Greg Brocanier 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. *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. Order Page: 2 of 3  File Number: LTB-L-048824-22 Schedule 1 2023 ONLTB 29324 (CanLII) SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $10,293.50 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord 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 Landlord $10,479.50 Order Page: 3 of 3