Elmira Akhoond Zadeh Rahman Markazi vs. Rina Tavernese — Case Study

INTRODUCTION TO THIS LANDLORD AND TENANT BOARD OF ONTARIO CASE STUDY

Welcome to YLAW, your trusted legal partner for navigating the complex landscape of landlord-tenant disputes in Ontario. In this case study, we examine a significant landlord application at the Landlord and Tenant Board (LTB) of Ontario. The case involves Elmira Akhoond Zadeh Rahman Markazi, a landlord, who filed an application against tenant Rina Tavernese for termination of tenancy and eviction due to non-payment of rent.

Understanding the Landlord and Tenant Board of Ontario

The Landlord and Tenant Board (LTB) is a specialized tribunal in Ontario that plays a crucial role in resolving disputes between landlords and tenants. Operating under the Residential Tenancies Act, 2006, the LTB provides a forum for fair and impartial resolution of various tenancy-related issues, including non-payment of rent, which is the central issue in this case.

Background

Elmira Akhoond Zadeh Rahman Markazi (the Landlord) applied for an order to terminate the tenancy and evict Rina Tavernese (the Tenant) because the Tenant did not pay the rent that was owed. The lawful rent was $3,125.00, due on the 1st day of each month. The Tenant vacated the rental unit on May 31, 2023, after the application was filed but before the hearing.

The Landlord and Tenant Board Hearing

Gathering Evidence

In this case, the Landlord had to gather evidence to support the claim of non-payment of rent. This likely included rent ledgers, bank statements showing missed payments, and documentation of any communication with the Tenant regarding the unpaid rent. The Landlord also needed to provide evidence of serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice).

Presenting the Case

The hearing was conducted by videoconference on March 19, 2024. The Landlord, represented by Daniel English, and the Tenant, represented by Eleni Papastathakis, attended the hearing. Both parties had the opportunity to present their evidence and arguments before the adjudicator.

Adjudicator’s Decision

After carefully considering all the evidence and arguments presented, the adjudicator, Alicia Johnson, determined that the Landlord had served a valid N4 Notice, and the Tenant had not voided the notice by paying the arrears. The adjudicator also considered that the Tenant had already vacated the unit.

Appealing the Decision

While the decision of the Landlord and Tenant Board is typically final, there are circumstances where either party may seek to appeal the decision. In this case, if either party believes there were errors in law or procedure, they could potentially seek a review or appeal of the decision.

ANALYSIS AND DECISION

The adjudicator’s analysis focused on several key points:

1. The Landlord had served a valid N4 Notice, and the Tenant had not voided it by paying the arrears.
2. The Tenant was in possession of the rental unit on the date the application was filed but vacated on May 31, 2023.
3. The rent arrears owing up to May 31, 2023, were $3,700.00.
4. The Tenant had paid $6,600.00 to the Landlord since the application was filed.
5. The Landlord had collected a rent deposit of $2,200.00, which was applied to the last month of tenancy (May 2023).
6. Interest on the rent deposit, amounting to $71.00, was owing to the Tenant.

The adjudicator concluded that:

• The tenancy was terminated as of May 31, 2023, the date the Tenant moved out of the rental unit.
• The Tenant owed the Landlord a total of $3,815.00, which included rent arrears and the cost of filing the application, minus the rent deposit and interest owed to the Tenant.

ORDER

Based on these findings, the adjudicator ordered that:

1. The tenancy between the Landlord and the Tenant is terminated as of May 31, 2023.
2. The Tenant shall pay to the Landlord $3,815.00, which includes rent arrears owing up to the date the Tenant moved out and the cost of filing the application, minus the rent deposit and interest owed to the Tenant.
3. If the Tenant does not pay the Landlord the full amount owing by April 19, 2024, the Tenant will start to owe interest at 7.00% annually on the outstanding balance from April 20, 2024.

Final Thoughts and Seeking Legal Counsel

This case highlights the complexities involved in non-payment of rent cases, especially when tenants vacate the unit before the hearing. It demonstrates the importance of proper documentation and following correct procedures for both landlords and tenants.

Know Your Rights

Whether you’re a landlord or a tenant, it’s crucial to understand your rights and responsibilities under the Residential Tenancies Act. This includes being aware of proper procedures for addressing non-payment of rent, serving notices, and the potential consequences of falling into arrears or vacating a unit with outstanding rent owed.

Consult with Legal Experts

The complexity of this case demonstrates the value of seeking legal counsel in landlord-tenant disputes, especially when dealing with rent arrears and early termination of tenancies. An experienced lawyer can help ensure that your rights are protected and that you present the strongest possible case before the LTB.

Contact YLAW for Landlord and Tenant Board Cases

At YLAW, we specialize in assisting both landlords and tenants with Landlord and Tenant Board cases in Ontario. Our experienced team of legal professionals can guide you through every step of the process, from filing applications to representing you in hearings.

If you’re facing a tenancy dispute or need advice on your rights and obligations as a landlord or tenant, don’t hesitate to reach out to us. You can contact us by phone at +14379959529 or email us here. Our team is ready to provide the legal support and representation you need to navigate the complexities of tenancy law in Ontario.

Remember, proper understanding of your legal rights and obligations, clear communication, and timely action can make a significant difference in landlord-tenant relationships and potential disputes. Let YLAW be your trusted partner in protecting your rights and interests in landlord-tenant matters.