Case Study

Eviction for non-payment of rent · Kitchener · LTB-L-027831-22

Ontario LTB order in Kitchener · May 1, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: May 1, 2023

Termination Date: May 12, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-027831-22
Address: 18 VALLEYBROOK DRIVE, KITCHENER ON N2A0K1
Form Used: N4
Amount Awarded: $35,000.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 82, Section 83

👥 Parties involved

Landlord: Ayad ghazi khazal and Fatin farouq alazawi
Landlord Rep: Self Represented
Tenant: Frederick perry and Jaimey robertson
Tenant Rep: Self Represented
Adjudicator: Peter Nicholson
Keywords: eviction, non-payment of rent, rent deposit, harassment, rent arrears

⚖️ Decision summary

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

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlords and the Tenants is terminated unless the Tenants void this order. File Number:LTB-L-027831-22 Order Page: 4 of 7 2.The Tenantsmay void this order and continue the tenancy by paying to the Landlords or to the LTB in trust: $43,386.00 if the payment is made on or before May 12, 2023. See Schedule 1 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 have paid the full amount owing as ordered plus any additional rent that became due after May 12, 2023 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 May 12, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlords $35,000.00 which represents the maximum jurisdictional amount for rent owing and compensation. 6. The Landlords or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 7. If the unit is not vacated on or before May 12, 2023, then starting May 13, 2023, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 8. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlords on or after May 13, 2023. 9. The Landlords shall repair or replace the washing machin...

💡 Summary points

applied for an order to terminate the tenancy and evict Frederick Perry and Jaimey Robertson(the 'Tenant') because the Tenant did not pay the rent that the Tenant owes.The Tenants raised issues pursuant to section 82 of the Residential Tenancies Act, 2006 This application was heardby videoconference on April 17, 2023.
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🧑‍⚖️ Same adjudicator

Peter Nicholson

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