LTB Order LTB-L-085496-24

Order under Section 69 May 28, 2025 Residential Tenancies Act, 2006 File Number: LTB-L-085496-24 In the matter of: 16 MURDOCK AVE AURORA ON L4G5E5 Between: G.F. Landlord And M.B. Tenant Yaser Abdolmajidi G.F. (the 'Landlord') applied for an order to terminate the tenancy and evict M. B. and Yaser Abdolmajidi (the 'Tenants') because: • the Tenant has been persistently late in paying the Tenant's rent. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date. This application was heard by videoconference on November 19, 2024 and May 20, 2025. The Landlord’s Legal Representative, Yun Tao Li, the Landlord and the Tenant, Yaser Abdolmajidi attended the hearing. Determinations: 1. As explained below, the Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and/or the claim for compensation in the application. Therefore, the tenancy between the Landlord and the Tenants will terminate on June 30, 2025. 2. The Tenants were in possession of the rental unit on the date the application was filed. N8 Notice of Termination 3. On October 18, 2024, the Landlord gave the Tenants an N8 notice of termination deemed served on October 23, 2024 by sending the document via courier. The termination date on the N8 notice of Termination is December 23, 2024. The Landlord alleges that the rent has been paid late 18 times between November 2022 and October 2024. Landlord’s Position 4. The Landlord’s Legal Representative stated that since the N8 Notice was served, the Tenants have not paid any rent for the period of November 24, 2024 to April 23, 2025 and Order Page 1 of 4  File Number: LTB-L-085496-24 they have not paid the utilities which has been transferred to the municipal tax account for the property. The Landlord’s Legal Representative further stated that they have made multiple attempts to speak with the Tenants regarding the persistent late payment of rent or lack of payment of rent however they have been unsuccessful in coming to a resolve. 5. The Landlord’s Legal Representative sought a standard order for termination of the tenancy citing that the persistent late payment of rent has caused considerable financial distress to the Landlord. 6. The Landlord testified that because of the persistent late payment or lack of payment of rent he has been put into a dire financial situation. He stated that his spouse had lost her job and the Landlord has been forced to work on weekends in manual labour jobs in addition to his full-time employment in order make more money to maintain the expenses of the rental unit since there is no rent being paid on time or paid at all. He further stated that the financial distress he has been put in has now caused medical issues for both him and his spouse where they are now required to take prescribed medication for the stress related to this situation. 7. The Landlord testified that he and his Legal Representative have reached out to the Tenants at various times to discuss the situation but there has been no response from the Tenants. Tenant’s Position 8. The Tenant testified that it is he who has reached out to the Landlord on multiple occasions to request a meeting to discuss the current situation however the Landlord and his Legal Representative have refused to meet or refuses to respond to his requests. 9. The Tenant testified that he is a real estate agent however most of his income since arriving in Canada has been rental income on investment properties that he owns in Iran. He further testified that due to the political situation in Iran his assets there have been frozen, and he is not receiving any income from his investment properties. The Tenant testified for all intense purposes they have been surviving on his spouse’s income as a mortgage broker which he stated is approximately $30,000.00 annually. 10. The Tenant testified that he has real estate sales that are closing in the month of May and when those commission funds have been advanced, he will be able to make payment to the Landlord towards the arrears and begin to get things back on track for payment of the rent when it is due each month. The Tenant did not submit any documentation into evidence to confirm the amount of real estate commissions to be advanced in May in support of his testimony. Section 82 11. While the Tenant serve or file any section 82 claims, at the hearing the Tenant raised certain maintenance related issues, including painting of the unit, lawn maintenance, and garden maintenance. Although not a requirement in proving such allegations, there was no documentary evidence, or other independent verification evidence tendered in support. There is insufficient evidence before me to determine the Landlord was in serious breach Order Page 2 of 4  File Number: LTB-L-085496-24 of their obligations under the tenancy agreement or the Act, so as to refuse to grant the Landlord’s application under section 83(3)(a). Persistently Late 12. Based on the evidence before me, I find that the Tenants have persistently failed to pay the rent on the date it was due. The rent is due on the 24th day of each month. The rent has been paid late 24 times for the period of February 24, 2022 to April 24, 2025. Daily compensation, NSF charges, rent deposit 13. The Tenants were required to pay the Landlord $13,968.24 in daily compensation for use and occupation of the rental unit for the period from December 24, 2024 to May 20, 2025. 14. Based on the Monthly rent, the daily compensation is $94.38. This amount is calculated as follows: $2,870.72 x 12, divided by 365 days. 15. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 16. The Landlord collected a rent deposit of $2,700.00 from the Tenants and this deposit is still being held by the Landlord. Interest on the rent deposit, in the amount of $223.06 is owing to the Tenants for the period from July 24, 2020 to May 20, 2025 . 17. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenant is required to pay. Relief from eviction 18. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until June 30, 2025 pursuant to subsection 83(1)(b) of the Act. 19. The Tenant testified that if they were required to vacate the unit that they would require 3 months to find another place to live. The Tenant testified that there is only himself and his spouse who reside in the rental unit. He stated that his adult daughter was living with them however she has returned to Iran to live. 20. Although I am sympathetic to the Tenants situation, it would be unfair to deny the Landlord’s request for termination of the tenancy or grant an extended termination date of 3 months as requested by the Tenants. The Tenants have been persistently late in paying the rent or in this case have not paid any rent since October 24, 2024. The Landlord is under financial distress because of the late payment of rent or non-payment and to extend the termination date for three months as sought by the Tenants would further increase the financial prejudice to the Landlord. 21. I do, however, find that it would not be unfair to delay termination of the tenancy to June 30, 2025 to allow the Tenants some additional time to find another accommodation for themselves. Order Page 3 of 4  File Number: LTB-L-085496-24 It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before June 30, 2025. 2. If the unit is not vacated on or before June 30, 2025, then starting July 1, 2025, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. 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 July 1, 2025. 4. The Tenants shall pay to the Landlord $13,968.24, which represents compensation for the use of the unit from December 24, 2024 to May 20, 2025. 5. The Tenants shall also pay the Landlord compensation of $94.38 per day for the use of the unit starting May 21, 2025 until the date the Tenant moves out of the unit. 6. The Tenant shall also pay to the Landlord $186.00 for the cost of filing the application. 7. The Landlord owes $2,923.06 which is the amount of the rent deposit and interest on the rent deposit, and this is deducted from the amount owing by the Tenant. 8. The total amount the Tenants owe the Landlord is $11,231.18. 9. If the Tenants do not pay the Landlord the full amount owing on or before June 30, 2025, the Tenants will start to owe interest. This will be simple interest calculated from July 1, 2025 at 5.00% annually on the balance outstanding. May 28, 2025 ____________________________ Date Issued Charles Dowdall 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 of the Tenants expires on January 1, 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 4