LTB Order LTB-L-029793-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 23663 (CanLII) Citation: K. v Ayati, 2023 ONLTB 23663 Date: 2023-03-07 File Number: LTB-L-029793-22 In the matter of: 1009, 8501 BAYVIEW AVE RICHMOND HILL ON L4B3J7 Between: S.K. Landlords Shiraz K. And C.D. Tenants Hossein Ayati Iman Ayati S.K. and Shiraz K. (the 'Landlords') applied for an order to terminate the tenancy and evict C.D., Hossein Ayati and Iman Ayati (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 19, 2023. Only the Landlord’s Agent, Shaffin K., attended the hearing. As of 10:06 a.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 Landlords 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 August 3, 2022. Rent arrears are calculated up to the date the Tenants vacated the unit. 4. The lawful rent is $2,550.00. It was due on the 1st day of each month. Order Page: 1 of 3  5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to August 3, 2022 are $7,901.52. 7. The Landlords incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 2023 ONLTB 23663 (CanLII) File Number: LTB-L-029793-22 8. The Landlords collected a rent deposit of $2,500.00 from the Tenants and this deposit is still being held by the Landlords. The rent deposit is applied to the arrears of rent because the tenancy terminated. 9. Interest on the rent deposit, in the amount of $42.90 is owing to the Tenants for the period from February 29, 2020 to August 3, 2022. It is ordered that: 1. The tenancy between the Landlords and the Tenants is terminated as of August 3, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlords $5,544.62. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application. The rent deposit and interest the Landlords owe 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 do not pay the Landlords the full amount owing on or before March 18, 2023, the Tenants will start to owe interest. This will be simple interest calculated from March 19, 2023 at 5.00% annually on the balance outstanding. March 7, 2023 ____________________ Date Issued Susan Priest Member, Landlord and 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-029793-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 23663 (CanLII) A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $7,901.52 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 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 - $2,500.00 Less the amount of the interest on the last month's rent deposit - $42.90 Less the amount the Landlords owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the Landlords $5,544.62 Order Page: 3 of 3