Case Study

Eviction for non-payment of rent · Hamilton · LTB-L-023375-23

Ontario LTB order in Hamilton · February 14, 2024 · Dismissed

🕑 Case timeline

Application Date: Not Available

Hearing Date: November 29, 2023

Order Issued: February 14, 2024

Termination Date: March 31, 2024

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-023375-23
Address: 1, 445 BARTON ST E HAMILTON ON L8L2Y7
Form Used: N5
Served By:
Amount Awarded: $13,983.00
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Tony Casale Rose Casale
Landlord Rep: Self Represented
Tenant: Amanda Connell Timothy O'connor
Tenant Rep: Self Represented
Adjudicator: Emily Robb
Keywords: eviction, non-payment of rent, illegal act, damage to property, interference with reasonable enjoyment, rent deposit, rent arrears

⚖️ Decision summary

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

⚠️ Dispute summary

📑 Findings & determinations

It is ordered that: L2 Application 2024 ONLTB 4479 (CanLII) File Number: LTB-L-023375-23 Order Page 5 of 8 1. The Landlord’s L2 application is dismissed. L1 Application 2. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 3. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $12,383.00 if the payment is made on or before February 29, 2024. See Schedule 1 for the calculation of the amount owing. OR • $13,983.00 if the payment is made on or before March 31, 2024. See Schedule 1 for the calculation of the amount owing. 4. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after March 31, 2024 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 5. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before March 31, 2024 6. If the Tenant does not void the order, the Tenant shall pay to the Landlord $5,833.44. 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 Tenant. See Schedule 1 for the calculation of the amount owing. 7. The Tenant shall also pay the Landlord compensation of $52.60 per day for the use of the unit starting...

💡 Summary points

applied for an order to terminate the tenancy and evict Amanda Connell and Timothy O'connor (the 'Tenant') because: • the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant; (L2) • the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has wilfully or negligently caused damage to the premises. (L2) • Tenant did not pay the rent that the Tenant owes. (L1) This application was heard by videoconference on November 29, 2023.
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🧑‍⚖️ Same adjudicator

Emily Robb

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Eviction for non-payment of rent