Case Study

Eviction for non-payment of rent · St. Catharines · SOL-21479-21

Ontario LTB order in St. Catharines · Dismissed

🕑 Case timeline

Application Date: Not Available

Hearing Date: November 10, 2021

Order Issued: Not Available

Termination Date: January 22, 2022

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: SOL-21479-21
Address: 4, 10 seneca street, st. catharines, on l2r 2t9
Form Used: N5
Amount Awarded: $10,101.00
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Robert harper
Landlord Rep: Self Represented
Tenant: Donald bassett
Tenant Rep: Self Represented
Adjudicator: Peter Nicholson
Keywords: eviction, non-payment of rent, interference with reasonable enjoyment, rent deposit, set aside, maintenance and repairs, rent arrears

⚖️ Decision summary

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

📑 Findings & determinations

It is ordered that: L1 Application 1. Unless the Tenant voids the order as set out below, the tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before January 22, 2022. 2. The Tenant shall pay to the Landlord $8,479.44*, which represents the amount of rent owing and compensation up to January 11, 2022, less the rent deposit and interest the Landlord owes on the rent deposit. 3. The Tenant shall also pay to the Landlord $29.59 per day for compensation for the use of the unit starting January 12, 2022 to the date the Tenant moves out of the unit. 4. The Tenant shall also pay to the Landlord $201.00 for the cost of filing the application. 2022 CanLII 49818 (ON LTB) File Number: SOL-21479-21 Order Page 3 of 3 5. If the Tenant does not pay the Landlord the full amount owing* on or before January 22, 2022, the Tenant will start to owe interest. This will be simple interest calculated from January 23, 2022 at 2.00% annually on the balance outstanding. 6. If the unit is not vacated on or before January 22, 2022, then starting January 23, 2022, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 7. 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 23, 2022. 8. If, on or before January 22, 2022, the Tenant pays the amount of $10,101.00** to the Landlord or to the Board in trust, this order for eviction will be void. This means that the tenancy would not be termi...

💡 Summary points

applied for an order to terminate the tenancy and evict Donald Bassett (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes and because the Tenant, another occupant of the rental unit or someone he permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. This application was heard by videoconference on November 10, 2021.
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🧑‍⚖️ Same adjudicator

Peter Nicholson

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