Case Study

Eviction for non-payment of rent · Toronto · LTB-L-056326-23

Ontario LTB order in Toronto · January 24, 2024 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: December 7, 2023

Order Issued: January 24, 2024

Termination Date: February 4, 2024

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-056326-23
Address: BASEMENT APT, 208 RANDALL CRES Toronto ON M1M3K2
Form Used: N4
Served By:
Amount Awarded: $10,568.20
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Niranjan Sarker
Landlord Rep: Self Represented
Tenant: John Alzate
Tenant Rep: Self Represented
Adjudicator: Elena Jacob
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. The tenancy between the Landlord and the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $5,596.00 if the payment is made on or before January 31, 2024. See Schedule 1 for the calculation of the amount owing. OR • $7,196.00 if the payment is made on or before February 4, 2024. See Schedule 1 2024 ONLTB 4529 (CanLII) File Number: LTB-L-056326-23 Order Page 3 of 4 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants has paid the full amount owing as ordered plus any additional rent that became due after February 4, 2024 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before February 4, 2024 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $1,669.16. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $52.60 per day for the use of the unit starting December 8, 2023 until the date the Tenants moves out of the unit....

💡 Summary points

applied for an order to terminate the tenancy and evict John Alzate and Maria Seccia (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on December 7, 2023.
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🧑‍⚖️ Same adjudicator

Elena Jacob

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