Case Study

Eviction Order for Unauthorized Occupancy and Rent Arrears

LTB Order for Valery Properties vs. McIsaac

🕑 Case timeline

Application Date: November 16, 2021

Hearing Date: August 29, 2021

Order Issued: March 31, 2023

Termination Date: November 30, 2021

Eviction Deadline: April 11, 2023

ℹ️ Case overview

Case Number: LTB-L-078906-22/ SOL-25067-21
Address: 04, 14 Derby Street, Hamilton Ontario L8W3T5
Form Used: A2 application, L1 application
Served By: Board
Amount Awarded: $19,045.95
Decision In Favor: Landlord
Application Type: Eviction for unauthorized occupancy and non-payment of rent
RTA Sections: Section 100, Section 91, Section 200(4), Section 2, Ontario Regulation 516/06 Section 3, Section 83(2), Section 83(1), Section 81

👥 Parties involved

Landlord: Valery Properties
Landlord Rep: Legal Representative
Tenant: Brandon McIsaac, Karen McIsaac
Tenant Rep: Self Represented
Adjudicator: Percy Laryea
Keywords: eviction, unauthorized occupant, non-payment of rent, compensation

⚖️ Decision summary

Eviction of unauthorized occupant ordered.
Landlord awarded compensation for use and occupation.

⚠️ Dispute summary

Landlord seeks eviction of unauthorized occupant and rent arrears.
Tenants deceased, unauthorized occupant remains in unit.

📑 Findings & determinations

Unauthorized occupant does not meet tenant definition.
Landlord entitled to compensation from unauthorized occupant.

💡 Summary points

Unauthorized occupant eviction ordered.
Compensation for use of rental unit awarded to landlord.
Tenancy terminated due to tenant's death and non-payment issues.
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