LTB Order LTB-L-035880-24

Order under Section 69 Residential Tenancies Act, 2006 File Number: LTB-L-035880-24 In the matter of: 8 TREMOY RD HOLLAND L. ON L9N0T4 Between: M.A.M. L. A. S. 27, 2024 N. A. H. Tenants Elham Badali orokhloo M.A.M. (the 'L.') applied for an order to terminate the tenancy A. evict N. A. H. A. Elham Badali orokhloo (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was scheduled to be heard by videoconference on August 20, 2024. Prior to the hearing, the parties elected to participate in LTB facilitated mediation with the assistance of a Dispute Resolution Officer, Maryam Cooper. The L. A. the Tenant, N. A. H. attended the mediation. The Tenant N. A. H., represented on behalf of the other Tenant, Elham Badali orokhloo. The parties agreed to resolve all the issues in the application A. requested an order on consent confirming their agreement. I was satisfied that parties understood the terms A. consequence of their agreement. It is agreed that: 1. The L. 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. As of the hearing date, the Tenants were still in possession of the rental unit. 3. The lawful rent is $4,600.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $151.23. This amount is calculated as follows: $4,600.00 x 12, divided by 365 days. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to August 31, 2024, are $23,135.00. Order Page 1 of 4  File Number: LTB-L-035880-24 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The total rent arrears A. costs owing to August 31, 2024, are $23,321.00. 9. The L. collected a rent deposit of $3,500.00 from the Tenants A. this deposit is still being held by the L.. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 10. The interests on the last month’s rent deposit $175.00 will be deducted from the total rent arrears owing if the tenancy is terminated. $23,321.00 - $175.00= $23,146.00. On consent of the parties, it is ordered that: 1. The tenancy between the L. A. the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $23,321.00 if the payment is made on or before September 30, 2024. 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 August 31, 2024, 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 September 30, 2024 5. If the Tenants do not void the order, the Tenants shall pay to the L. $23,146.00. This amount includes rent arrears owing up to August 31, 2024, A. the cost of filing the application minus $175.00 interests on the last month’s rent deposit. 6. The Last month’s rent deposit shall be applied to the rent in September 2024. 7. The Tenants shall also pay the L. compensation of $151.23 per day for the use of the unit starting October 01, 2024, until the date the Tenants move out of the unit. 8. If the Tenants do not pay the L. the full amount owing on or before September 30, 2024, the Tenants will start to owe interest. This will be simple interest calculated from October 01, 2024, at 7.00% annually on the balance outstanding. Order Page 2 of 4  File Number: LTB-L-035880-24 9. If the unit is not vacated on or before September 30, 2024, then starting October 1, 2024, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the L. on or after October 01, 2024. September 27, 2024 ____________________________ Date Issued Maryam Cooper Hearings Officer, L. A. 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 April 1, 2025, 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-035880-24 Order Page 4 of 4