LTB Order LTB-L-029737-22

2023 ONLTB 21755 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Microbjo Properties v Jahangir, 2023 ONLTB 21755 Date: 2023-02-23 File Number: LTB-L-029737-22 In the matter of: 605, 48 GRENOBLE DR NORTH YORK ON M3C1C9 Between: Microbjo Properties Landlord And Tenants Abdul Razak and Naser Jahangir Microbjo Properties (the 'Landlord') applied for an order to terminate the tenancy and evict Abdul Razak and Naser Jahangir (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 18, 2023. Only the Landlord’s legal representative, David Ciobotaru attended the hearing. As of 1:49 p.m. the Tenants were not present or represented at the hearing. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). 2. As of the hearing date, the Tenants was still in possession of the rental unit. 3. The lawful rent is $1,079.96. It is due on the 1st day of each month. 4. Based on the monthly rent, the daily rent/compensation is $35.51. This amount is calculated as follows: $1,079.96 x 12, divided by 365 days. Order Page: 1 of 4  File Number: LTB-L-029737-22 5. The Tenants paid $8,997.00 to the Landlord since the application was filed. 6. The rent arrears owing to January 31, 2023 are $969.31. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to 2023 ONLTB 21755 (CanLII) reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,045.99 from the Tenants and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 9. Interest on the rent deposit, in the amount of $13.84 is owing to the Tenants for the period from January 1, 2021 to January 18, 2023. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenants and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $2,235.27 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR • $3,315.23 if the payment is made on or before March 6, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants have paid the full amount owing as ordered plus any additional rent that became due after March 6, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before March 6, 2023 5. As of the date of the hearing, the amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent, compensation and the cost of filing Order Page: 2 of 4  File Number: LTB-L-029737-22 the application the Landlord is entitled to by $345.30. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenants $35.51 per day for compensation for the use of the unit starting January 19, 2023 until the date the Tenants move out of the unit. 2023 ONLTB 21755 (CanLII) 6. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 7. If the unit is not vacated on or before March 6, 2023, then starting March 7, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 8. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after March 7, 2023. February 23, 2023 ____________________ Date Issued Debbie Mosaheb Member, Landlord and Tenant Board 15 Grosvenor Street, 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. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on September 7, 2023 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. Order Page: 3 of 4  File Number: LTB-L-029737-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before February 28, 2023 2023 ONLTB 21755 (CanLII) Rent Owing To February 28, 2023 $11,046.27 Application Filing Fee $186.00 Less the amount the Tenants paid to the Landlord since the - $8,997.00 application was filed Total the Tenants must pay to continue the tenancy $2,235.27 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before March 6, 2023 Rent Owing To March 31, 2023 $12,126.23 Application Filing Fee $186.00 Less the amount the Tenants paid to the Landlord since the - $8,997.00 application was filed Total the Tenants must pay to continue the tenancy $3,315.23 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $9,525.52 Application Filing Fee $186.00 Less the amount the Tenants paid to the Landlord since the - $8,997.00 application was filed Less the amount of the last month's rent deposit - $1,045.99 Less the amount of the interest on the last month's rent deposit - $13.84 Total amount owing to the Landlord $(345.30) Plus daily compensation owing for each day of occupation starting $35.51 January 19, 2023 (per day) Order Page: 4 of 4