Case Study

Eviction — Landlord own use · Other · SOL-23419-21

Ontario LTB order in Other · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: October 20, 2021

Order Issued: Not Available

Termination Date: February 15, 2022

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: SOL-23419-21
Address: 9 highland avenue, fort erie, on l2a2x6
Form Used: N12
Amount Awarded: $5,473.65
Decision In Favor: Landlord
Application Type: Eviction — Landlord own use
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Tammy gaboury
Landlord Rep: Sidney Sheridan
Tenant: Deniz kanbal and Tayanc kanbal and Ugur kanbal
Tenant Rep: No Representative Listed
Adjudicator: Vladimir Nikitin
Keywords: eviction, landlord own use, rent deposit, harassment

⚖️ Decision summary

This Landlord application — Eviction — Landlord own use — was granted.

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated, as of February 15, 2022. The Tenants must move out of the rental unit on or before February 15, 2022. 2. The Tenants shall pay to the Landlord $5,473.65, which represents compensation for the use of the unit from October 1, 2021 to December 30, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. Any payments made by the Tenants between October 1, 2021 and December 30, 2021 shall be subtracted from this amount. 3. The Tenants shall also pay to the Landlord $90.41 per day for compensation for the use of the unit from December 31, 2021 to the date they move out of the unit. 4. If the Tenants do not pay the Landlord the full amount owing on or before January 10, 2022, they will start to owe interest. This will be simple interest calculated from January 11, 2022 at 2.00% annually on the balance outstanding. 5. If the unit is not vacated on or before February 15, 2022, then starting February 16, 2022, 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 February 16, 2022. December 30, 2021 Date Issued Vladimir Nikitin Member, Landlord and Tenant Board Southern-RO 119 King Street West, 6th Floor Hamilton ON L8P4Y7

💡 Summary points

applied for an order to terminate the tenancy and evict Deniz Kanbal, Tayanc Kanbal and Ugur Kanbal (the 'Tenants') because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date. This application was heard by videoconference on October 20, 2021.
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Vladimir Nikitin

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Eviction — Landlord own use