Case Study

Eviction for non-payment of rent · Whitby · LTB-L-053743-23

Ontario LTB order in Whitby · December 05, 2023 · Consent

🕑 Case timeline

Application Date: Not Available

Hearing Date: October 31, 2023

Order Issued: December 05, 2023

Termination Date: Not Available

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-053743-23
Address: 26 BLUEGILL CRES WHITBY ON L1P0E4
Form Used: N4
Amount Awarded: $108.49
Decision In Favor: Resolved by consent
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 78

👥 Parties involved

Landlord: Michelle lyn tan
Landlord Rep: Self Represented
Tenant: Michelle carlos and Johnny osbourne jr
Tenant Rep: Self Represented
Adjudicator: James Campbell
Keywords: eviction, non-payment of rent, rent deposit, rent arrears

⚖️ Decision summary

This Landlord application — Eviction for non-payment of rent — was resolved by a consent order between the parties.

📑 Findings & determinations

It is Ordered on Consent that: 1. The Tenant shall pay $3,300 towards the arrears on or before December 10, 2023. 2. If the Tenant fails to make the payment in accordance with para. 1 of this order, the outstanding balance of any arrears of rent and costs to be paid by the Tenant to the Landlord pursuant to paragraph 7 of this order shall become immediately due and owing and the Landlord may, without notice to the Tenant, apply to the LTB within 30 days of the Tenant's breach pursuant to section 78 of the Act for an order terminating the tenancy and evicting the Tenant and requiring that the Tenant pay any new arrears, NSF fees and related charges that became owing after November 26, 2023. 3. The Tenant shall the pay rent for the period from November 26, 2023 to December 10, 2023, on December 10, 2023, in the amount of $1,518.86. 4. The Tenant shall vacate the rental unit on or before December 10, 2023. 5. If the unit is not vacated on or before December 10, 2023, then starting December 11, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 6. 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 December 11, 2023. 7. The Tenant shall pay off the arrears as follows: Date of Payment Amount of Payment December 7, 2023 $7,000 January 5, 2024 $3,000 January 19, 2024 $3,000 February 2, 2024 $3,000 February 16, 2024 $3,000 March 1, 2024 $3,000 March 15, 2024 $1,286 8. The Tenant shall also pay the Landlord compensation of...

💡 Summary points

applied for an order to terminate the tenancy and evict Michelle Carlos and Johnny Osbourne jr (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on October 31, 2023.
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🧑‍⚖️ Same adjudicator

James Campbell

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