Case Study

Eviction — Interference with reasonable enjoyment · Sarnia · LTB-L-066106-22

Ontario LTB order in Sarnia · November 1, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: October 18, 2023

Order Issued: November 1, 2023

Termination Date: December 31, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-066106-22
Address: 206, 233 DURAND ST, SARNIA ON N7T5A5
Form Used: N5
Amount Awarded: $186.00
Decision In Favor: Landlord
Application Type: Eviction — Interference with reasonable enjoyment
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Elite property group (2018) inc.
Landlord Rep: Self Represented
Tenant: Belinda portiss
Tenant Rep: Self Represented
Adjudicator: Vicky Liu
Keywords: eviction, interference with reasonable enjoyment, rent deposit

⚖️ Decision summary

This Landlord application — Eviction — Interference with reasonable enjoyment — was granted.

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before December 31, 2023. 2. If the unit is not vacated on or before December 31, 2023, then starting January 1, 2024, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. 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 January 1, 2024. 4. The Tenant shall pay to the Landlord $186.00 for the cost of filing the application. 5. The Landlord owes $947.54 which is the amount of the rent deposit and interest on the rent deposit, and this is deducted from the amount owing by the Tenant. 6. As of the date of the hearing, the amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the amount the Landlord is entitled to by $761.54. 7. However, the Landlord is authorized to deduct from amount owing to the Tenant $29.94 per day for compensation for the use of the unit starting October 19, 2023 to the date the Tenant moves out of the unit. 8. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. November 1, 2023 ____________________________ Date Issued Vicky Liu Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, File Number: LTB-L-066106- 22 Order Page 5 of 5 Toronto ON M7A 2G6

💡 Summary points

applied for an order to terminate the tenancy and evict Belinda Portiss (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. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on October 18, 2023.
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🧑‍⚖️ Same adjudicator

Vicky Liu

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