Case Study

Eviction for non-payment of rent · Hamilton · LTB-L-094819-23

Ontario LTB order in Hamilton · March 22, 2024 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: January 30, 2024

Order Issued: March 22, 2024

Termination Date: April 2, 2024

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-094819-23
Address: U2, 55 West Avenue South Hamilton ON L8N2S2
Form Used:
Served By:
Amount Awarded: $5,936.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 78, Section 83

👥 Parties involved

Landlord: Ryan Mazzuca and Scott Pattinson
Landlord Rep: Self Represented
Tenant: Marion Mckay
Tenant Rep: Self Represented
Adjudicator: Vladimir Nikitin
Keywords: eviction, non-payment of rent, rent deposit, rent arrears

⚖️ Decision summary

This Landlord application — Eviction for non-payment of rent — was granted.

⚠️ Dispute summary

📑 Findings & determinations

It is ordered that: 1. Order LTB-L-053572-22 is cancelled. 2024 ONLTB 127 (CanLII) File Number: LTB-L-094819-23 Order Page 3 of 4 2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before April 2, 2024. 3. If the unit is not vacated on or before April 2, 2024, then starting April 3, 2024, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 4. 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 April 3, 2024. 5. The Tenant shall pay to the Landlord $5,876.00*. This amount represents the rent owing up to January 31, 2024 and the cost of filing the previous application. 6. The Tenant shall also pay to the Landlord $40.44 per day for compensation for the use of the unit starting February 1, 2024 to the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before April 2, 2024, the Tenant will start to owe interest. This will be simple interest calculated from April 3, 2024 at 7.00% annually on the balance outstanding. March 22, 2024 ____________________________ Date Issued Vladimir Nikitin Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6

💡 Summary points

applied for an order to terminate the tenancy and evict Marion Mckay (the 'Tenant') and for an order to have the Tenant pay the rent they owe because the Tenant failed to meet a condition specified in the order issued by the Board on April 11, 2023 with respect to application LTB-L-053572-22. When the capitalized word “Landlord” is used in this order, it refers to all persons or companies identified as a Landlord at the top of the order. This application was heard by videoconference on January 30, 2024.
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🧑‍⚖️ Same adjudicator

Vladimir Nikitin

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