Case Study

Eviction for non-payment of rent · Hamilton · LTB-L-039995-22

Ontario LTB order in Hamilton · April 12, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: February 16, 2023

Order Issued: April 12, 2023

Termination Date: April 30, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-039995-22
Address: 1105, 192 Hughson St N, Hamilton, ON L8L7Z9
Form Used: N4
Amount Awarded: $11,118.57
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Hughson apartments joint venture o/a valery properties
Landlord Rep: Self Represented
Tenant: Andre currithers and Kimberly allen
Tenant Rep: Self Represented
Adjudicator: Heather Kenny
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 Landlord and the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $4,527.04 if the payment is made on or before April 30, 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 April 30, 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 April 30, 2023 5. As of the date of the hearing, the amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent, compensation and the cost of filing the application the Landlord is entitled to by $472.09. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenants $47.57 per day for compensation for the use of the unit starting February 17, 2023 until the date the Tenants moves out of the unit. 6. The Landlord 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 April 30, 2023, then starting May 1, 2023, the Landlord may file this order with the Co...

💡 Summary points

applied for an order to terminate the tenancy and evict Andre Currithers and Kimberly Allen (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on February 16, 2023.
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🧑‍⚖️ Same adjudicator

Heather Kenny

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