LTB Order LTB-L-045072-22

Order under Section 69 and 87(1) Residential Tenancies Act, 2006 2023 ONLTB 24766 (CanLII) Citation: Capreit Limited Partnership v Jamshidi, 2023 ONLTB 24766 Date: 2023-03-13 File Number: LTB-L-045072-22 In the matter of: PH10, 411 DUPLEX AVE TORONTO ON M4R1V2 Between: Capreit Limited Partnership Landlord And Maryam Jamshidi Tenant Capreit Limited Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict Maryam Jamshidi (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 2, 2023. Only the Landlord’s Legal Representative Geoff Paine attended the hearing. As of 10:00 a.m., 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. Since the Tenant did not attend and the Landlord was prepared to proceed, the matter proceeded by way of an uncontested hearing pursuant to section 7 of the Statutory Powers Procedure Act, R.S.O. 1990. Determinations: 1. At the hearing the Landlord’s Legal Representative relied on oral submissions and referred to documents to support their application. 2. 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. 3. The Tenant was in possession of the rental unit on the date the application was filed. 4. The Tenant vacated the rental unit on November 30, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. Order Page: 1 of 3  5. The lawful rent was $1,550.00. It was due on the 1st day of each month. 6. The Tenant has paid $5,150.00 to the Landlord since the application was filed. 7. The rent arrears owing to November 30, 2022 are $2,075.00. 2023 ONLTB 24766 (CanLII) File Number: LTB-L-045072-22 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of November 30, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $2,261.00. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the Landlord the full amount owing on or before March 24, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 25, 2023 at 5.00% annually on the balance outstanding. March 13, 2023 ____________________________ Date Issued John Cashmore 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. File Number: LTB-L-045072-22 Schedule 1 SUMMARY OF CALCULATIONS Order Page: 2 of 3 A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $7,225.00 Application Filing Fee $186.00 Less the amount the Tenant paid to the Landlord since the - $5,150.00 application was filed 2023 ONLTB 24766 (CanLII) Total amount owing to the Landlord $2,261.00 Order Page: 3 of 3