Case Study

LTB Order LTB-L-092073-24 — Eviction and Rent Arrears, Burlington ON

Section 78(6) order terminating tenancy at 294 Cheltenham Rd after tenants breached prior payment agreement

🕑 Case timeline

Application Date: November 9, 2024

Hearing Date: No hearing held

Order Issued: November 27, 2024

Termination Date: December 8, 2024

Eviction Deadline: December 8, 2024

ℹ️ Case overview

Case Number: LTB-L-092073-24
Address: 294 Cheltenham Rd, Burlington ON L7L4H7
Form Used: Section 78 application (no new notice required)
Served By: Not applicable — decided without hearing
Amount Awarded: $5,797.33 plus $105.21 per day starting November 28, 2024
Decision In Favor: Landlord
Application Type: Eviction and rent arrears order under Section 78(6) for breach of prior consent order
RTA Sections: Section 78(6) — Application without notice for breach of consent order, Section 78(9) — Tenant's right to file motion to set aside within 10 days, Section 81 — Eviction order expiry (June 9, 2025 if not filed with Sheriff)

👥 Parties involved

Landlord: Sri Rajaramana Bhamidipati and Madhuri Amancherla
Landlord Rep: Self Represented
Tenant: Robert Kowal and Leanne Mattar
Tenant Rep: Self Represented
Adjudicator: Kelly Delaney
Keywords: eviction, rent arrears, section 78, breach of order, non-payment of rent, daily compensation, rent deposit, Burlington

⚖️ Decision summary

Prior order LTB-L-059965-24 is cancelled and replaced by this order.
Tenancy is terminated effective December 8, 2024; Sheriff may enforce from December 9, 2024.
Tenants must pay $5,797.33 plus $105.21/day from November 28, 2024 until move-out.
Unpaid balance after December 8, 2024 accrues simple interest at 6.00% annually.
Tenants had until December 7, 2024 to file a motion to set aside the order under s.78(9).

⚠️ Dispute summary

Landlords applied under s.78 of the RTA after tenants breached a prior consent order dated October 9, 2024 (LTB-L-059965-24).
Tenants owed $6,300.00 remaining from the prior order plus new arrears of $2,840.67 for November 1–27, 2024.
Rent deposit of $3,200.00 and interest of $143.34 were credited against the total amount owing.

📑 Findings & determinations

Tenants breached the prior order by failing to pay $2,633.33 by October 20, 2024 and not paying rent due November 1, 2024.
Application was filed within 30 days of the breach, satisfying the procedural requirement under s.78.
Rent deposit of $3,200.00 collected February 13, 2023 is still held by landlords and applied to amounts owing with $143.34 interest.
Daily compensation rate of $105.21 applies from November 28, 2024 until the unit is vacated.

💡 Summary points

Tenants failed to pay $2,633.33 arrears instalment due October 20, 2024 and missed November 1, 2024 rent as required by prior LTB order LTB-L-059965-24.
Total amount owing to landlords is $5,797.33 (inclusive of prior arrears, new arrears, less rent deposit and deposit interest) plus $105.21/day from November 28, 2024.
Tenancy terminated; tenants must vacate by December 8, 2024, with Sheriff enforcement available from December 9, 2024.
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Kelly Delaney