LTB Order LTB-L-042433-23

2023 ONLTB 69253 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: B.-Sarmadi v S., 2023 ONLTB 69253 Date: 2023-10-31 File Number: LTB-L-042433-23 In the matter of: 108 BURNDEAN CRT RICHMOND HILL ON L4C0K1 Between: V.B.S. Landlord And A.S. Tenant V. B.-sarmadi (the 'Landlord') applied for an order to terminate the tenancy and evict A. S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on October 11, 2023. The Landlord and the Landlord’s legal representative Ali Golabgir attended the hearing. The Tenant signed into the hearing and advised that he was in the hospital emergency room waiting to be seen. At some point in the afternoon, the Tenant hung up the phone without making an adjournment request. Mr. Golabgir testified that his office is close to the hospital the Tenant was in and sent a staff member to look for the Tenant in the emergency department. The staff member did not see or find the Tenant in the hospital. As of 2:41pm, the Tenant was 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 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 Order Page 1 of 4  File Number: LTB-L-042433-23 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 Tenant was still in possession of the rental unit. 3. The lawful rent is $3,835.00. It is due on the 23rd day of each month. 2023 ONLTB 69253 (CanLII) 4. Based on the Monthly rent, the daily rent/compensation is $126.08. This amount is calculated as follows: $3,835.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to October 22, 2023 are $38,350.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. 9. The Landlord’s claim for the period ending October 22, 2023 exceeds the Board’s monetary jurisdiction of $35,000.00. The Landlord's Legal Representative indicated a desire to proceed with the hearing of the application and voluntarily waived the portion of the claim that exceeds the Board’s monetary jurisdiction. 10. Based on the uncontested evidence before me, 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 Tenant 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: • $42,371.00 if the payment is made on or before November 11, 2023. 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 November 11, 2023 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 November 11, 2023 Order Page 2 of 4  File Number: LTB-L-042433-23 5. If the Tenants do not void the order, the Tenants shall pay to the Landlords $35,186.00. This amount includes rent arrears owing up to the date of the hearing subject to the LTB’s monetary jurisdiction and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $126.08 per day for the use of the 2023 ONLTB 69253 (CanLII) unit starting October 12, 2023 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 November 11, 2023, the Tenant will start to owe interest. This will be simple interest calculated from November 12, 2023 at 7.00% annually on the balance outstanding. 8. If the unit is not vacated on or before November 11, 2023, then starting November 12, 2023, 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 November 12, 2023. October 31, 2023 ____________________________ Date Issued Mayra Sawicki 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 May 12, 2024 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-042433-23 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 November 11, 2023 2023 ONLTB 69253 (CanLII) Rent Owing To November 22, 2023 $42,185.00 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 the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $42,371.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $36,910.52 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 $35,186.00 Plus daily compensation owing for each day of occupation starting $126.08 October 12, 2023 (per day) Order Page 4 of 4