Case Study

Eviction — Damage to property · Hamilton · LTB-L-058530-22

Ontario LTB order in Hamilton · March 17, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: March 9, 2023

Order Issued: March 17, 2023

Termination Date: Not Available

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-058530-22
Address: 429, 79 James St S, Hamilton, ON L8P2Z1
Form Used: N5
Amount Awarded: $186.00
Decision In Favor: Landlord
Application Type: Eviction — Damage to property
RTA Sections: Section 69, Section 78, Section 83

👥 Parties involved

Landlord: Genevieve hladysh
Landlord Rep: Self Represented
Tenant: Michael horner
Tenant Rep: Self Represented
Adjudicator: Camille Tancioco
Keywords: eviction, damage to property, interference with reasonable enjoyment

⚖️ Decision summary

This Landlord application — Eviction — Damage to property — was granted.

📑 Findings & determinations

It is ordered that: 1. The Landlord’s application for eviction of the Tenant is denied on the condition that: a. The Tenant shall not yell profanities, scream, bang on things or utter threats towards other tenants in the common areas of the residential complex commencing March 17, 2023 and for 12 months thereafter. 2023 ONLTB 26215 (CanLII) File Number: LTB-L-058530-22 Order Page 4 of 4 2. If the Tenant fails to comply with the conditions set out in paragraph 1 above, then, within 30 days of the breach, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act’) for an order terminating the tenancy and evicting the Tenant. The Landlord must make the application within 30 days of a breach of a condition set out in paragraph 1 of this order. 3. The Tenant shall also pay to the Landlord $186.00 representing costs to the Landlord for filing this application. If the Tenant does not pay the Landlord the full amount owing on or before March 22, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 23, 2023 at 5.00% annually on the balance outstanding. March 17, 2023 ____________________________ Date Issued Camille Tancioco Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6

💡 Summary points

applied for an order terminating the tenancy before the seven-day remedy period in the N5 Notice, the Landlord cannot rely on the N5 Notice to terminate the tenancy. As such, the only live issue is the N7 Notice. This application was heard by videoconference on March 9, 2023.
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🧑‍⚖️ Same adjudicator

Camille Tancioco

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Eviction — Damage to property