Case Study

Eviction for non-payment of rent · Hamilton · LTB-L-025187-22

Ontario LTB order in Hamilton · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: January 5, 2023

Order Issued: Not Available

Termination Date: February 28, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-025187-22
Address: 1300 Catharine St N, Hamilton ON L8L4S9
Form Used: N4
Amount Awarded: $14,713.36
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Kimberley porter and Shawn porter
Landlord Rep: Self Represented
Tenant: Melanie dankowski
Tenant Rep: Self Represented
Adjudicator: Fabio Quattrociocchi
Keywords: eviction, non-payment of rent, rent deposit, 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 Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlords or to the LTB in trust:  $11,881.32 if the payment is made on or before January 31, 2023. See Schedule 1 for the calculation of the amount owing. OR 2023 ONLTB 14858 (CanLII) File Number: LTB-L-025187-22 Order Page: 3 of 5  $13,329.28 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after February 28, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before February 28, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlords $9,208.61. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlords owe on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlords compensation of $47.60 per day for the use of the unit starting January 6, 2023 until the date the Tenant moves out of the uni...

💡 Summary points

applied for an order to terminate the tenancy and evict Melanie Dankowski (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 5, 2023.
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🧑‍⚖️ Same adjudicator

Fabio Quattrociocchi

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