LTB Order LTB-L-041355-25

Order under Section 69 Residential Tenancies Act, 2006 File Number: LTB-L-041355-25 In the matter of: Main Floor Unit, 5374 MARBLEWOOD DR EAST MISSISSAUGA ON L5V2L9 Between: B.S.F. Landlord And I.I.R. Tenant Amira Mokhtar B.S.F. (the 'Landlord') applied for an order to terminate the tenancy and evict Ihab, I. R. and Amira Mokhtar (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on September 2, 2025. Only the Landlord and the Landlord’s representative, Shubh Amrit Vir S. Randhawa attended the hearing. As of 1:30 pm, 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. Preliminary Issue- Rental Unit Address: 1. The Landlord raised a preliminary issue that both the N4 Notice of Termination and L1 Application only provide the street address for the residential complex and neither document identifies the rental unit. The Landlord testified that the rental unit should be identified as the “main floor unit”. However, the Landlord testified there is no confusion for the Tenants as it was indicated within the tenancy agreement that the Tenants were Order Page 1 of 5  File Number: LTB-L-041355-25 renting only the main floor of the unit. The Landlord had provided a copy of the tenancy agreement. 2. Upon review of the tenancy agreement, although it does not expressly describe the rented premises at the “main floor unit”, there are references to the main floor unit throughout the agreement that make it clear that the Tenants are residing in the main floor. Under the part of the agreement called “Number of vehicle parking spaces and description”, it states, “2 parking space 4 main level tenant on the driveway outdoor.” Further under the part of the agreement that deals with utilities it states, “main level tenant is to transfer the utilities under their name.” 3. Section 43 of the Residential Tenancies Act, 2006 (the ‘Act’) sets out the requirements for a notice of termination, including that it must identify the rental unit for which the notice is given. 4. However, section 212(1) of the Act provides that “substantial compliance with the Act respecting the contents of forms, notices or documents is sufficient.” Section 212(2) of the Act clarifies that “an error in the contents of a form, notice or document still constitutes substantial compliance with this Act, as long as the error does not significantly prejudice a party’s ability to participate in a proceeding under this Act.” 5. In these circumstances, I find that the N4 notice substantially complies with the Act and that the fact that the notice does not identify the rental unit does not significantly prejudice the Tenants. While the notice does not expressly state “main floor unit” in the rental unit address portion, the tenancy agreement and surrounding circumstances make it clear which portion of the property the Tenants agreed to occupy. 6. I am satisfied that the Tenants were not misled or prejudiced by the description of the rental unit (or lack thereof) as the tenancy agreement and the evidence confirms that the Tenants understood they were renting the main floor unit. I am satisfied that the Tenants had received the notice of termination and other relevant documents to be aware of the proceedings and given a reasonable opportunity to participate. Therefore, the Application shall be amended to state “main floor unit” and these changes are reflected in this order. Determinations: 7. 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. 8. As of the hearing date, the Tenant was still in possession of the rental unit. 9. The lawful rent is $3,400.00. It is due on the 1st day of each month. 10. Based on the Monthly rent, the daily rent/compensation is $111.78. This amount is calculated as follows: $3,400.00 x 12, divided by 365 days. 11. The Tenant has not made any payments since the application was filed. Order Page 2 of 5  File Number: LTB-L-041355-25 12. The rent arrears owing to September 30, 2025 are $17,000.00. 13. The Landlord is entitled to $65.00 to reimburse the Landlord for administration charges and $35.00 for bank fees the Landlord incurred as a result of 5 cheques given by or on behalf of the Tenant which were returned NSF. 14. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 15. The Landlord collected a rent deposit of $3,400.00 from the Tenant 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. 16. Interest on the rent deposit, in the amount of $34.47 is owing to the Tenant for the period from April 8, 2025 to September 2, 2025. 17. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including 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 Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $17,286.00 if the payment is made on or before September 30, 2025. See Schedule 1 for the calculation of the amount owing. OR • $20,686.00 if the payment is made on or before October 5, 2025. See Schedule 1 for the calculation of the amount owing. 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after October 5, 2025 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before October 5, 2025. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $10,675.09. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. Order Page 3 of 5  File Number: LTB-L-041355-25 6. The Tenant shall also pay the Landlord compensation of $111.78 per day for the use of the unit starting September 3, 2025 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before October 5, 2025, the Tenant will start to owe interest. This will be simple interest calculated from October 6, 2025 at 4.00% annually on the balance outstanding. 8. If the unit is not vacated on or before October 5, 2025, then starting October 6, 2025, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. 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 October 6, 2025. September 24, 2025 ____________________________ Date Issued Joshua Labbe 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 April 6, 2026 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 4 of 5  File Number: LTB-L-041355-25 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before September 30, 2025 Rent Owing To September 30, 2025 $17,000.00 Application Filing Fee $186.00 NSF Charges $100.00 Total the Tenant must pay to continue the tenancy $17,286.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before October 5, 2025 Rent Owing To October 31, 2025 $20,400.00 Application Filing Fee $186.00 NSF Charges $100.00 Total the Tenant must pay to continue the tenancy $20,686.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $13,823.56 Application Filing Fee $186.00 NSF Charges $100.00 Less the amount of the last month's rent deposit - $3,400.00 Less the amount of the interest on the last month's rent deposit - $34.47 Total amount owing to the Landlord $10,675.09 Plus daily compensation owing for each day of occupation starting $111.78 September 3, 2025 (per day) Order Page 5 of 5